Author name: Ritvik M Kulkarni

Ritvik Kulkarni is a final year student at ILS Law College, Pune. He is the Student Coordinator of the ILS Intellectual Property Rights Cell and Student Editor at the ILS Abhivyakti Law Journal since 2014-15. Ritvik first learnt of IP while preparing for his first moot; and has been regularly taking his weekly IP fix ever since. Additionally, he takes interest in learning the law and practice of domestic and international dispute settlement. Speaking of disputes, he's an ardent follower and jabra fan of Game of Thrones. You can get in touch with him at rmku[email protected]; and dont worry he loves F.R.I.E.N.D.S too.

XTANDI Updates: Cancer Union and 56 others request UCLA to back down from Delhi HC review of IPO’s patent rejection order; Delhi HC refuses to hear the matter on priority

/ By / Drug Regulation, Patent

In a positive development, the Union for Affordable Cancer Treatment (UACT), along with 56 other organizations, has requested the University of California (UCLA) to withdraw from its proceedings before the Delhi High Court against the IPO’s rejection of its patent[1] in XTANDI. In its letter dated 24th May 2017, UACT reminds UCLA that its research for the blockbuster drug for prostate cancer was supported by US taxpayer dollars through the National Cancer Institute at the National Institutes of Health and …

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SpicyIP Events: Remembering SP Sathe 11th Memorial Conference on ‘Changing Contours in IP Law’ [March 10-12]: Register by Feb 25

/ By / Event

Every year the Professor S. P. Sathe Foundation organizes three events at ILS Law College, Pune on a specific theme with a view to commemorate Prof. (Dr.) Satyaranjan Sathe’s contribution to Indian jurisprudence and social action.  They include a Memorial Lecture, a National Conference, and a National Moot Court Competition. This time around, the Memorial Lecture and Conference will delve deep into the changing contours of intellectual property laws. About Professor Dr. S. P. Sathe This Moot is conducted by …

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SpicyIP Weekly Review (February 5-12)

/ By / Others

This week’s thematic highlight was Balaji’s amazing post on injunctions in matters of public interest. Commenting on the Delhi High Court’s recent order in Bayer v Ajanta, he first relies upon Bayer’s Form 27 filings for 2013-16 to note that Bayer hasn’t been working its patented drug ‘vardenafil’ in India. He points out that Bayer only noticed possible infringement of its patent in 2016 and began to sue offending manufacturers; including the defendant Ajanta in the present suit. Successfully relying upon Franz Xaver Huemer v. …

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TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part II

/ By / Copyright

In the first part of this post, I analyzed TRAI’s power under Section 11 and concluded that it can regulate the pricing of TV channels under the Impugned Order. In this part of the post, I will try to resolve the apparent conflict between the Impugned Order and the copyright act (the Act). But, first things first: can delegated legislation be held invalid for being contrary to another statute? Delegated legislation vs. Statute Ideally, a delegated legislation will be rendered invalid …

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TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part I

/ By / Copyright

On 10th October 2016, the Telecom Regulatory Authority of India (TRAI) released a draft broadcasting tariff order (the Order) which is sought to be brought into effect by 1st April 2017. The Order Inter alia seeks to fix a ceiling on the maximum retail price (MRP) on TV channels. Star India Pvt. Ltd. (Star India) challenged the Order before the Madras High Court on grounds that it stands in conflict with the Copyright Act, 1957. On 23rd December, the Court …

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Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi

/ By / Copyright, Trademark

In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well. …

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SpicyIP Weekly Review (December 25-January 1)

/ By / Others

First off, here’s wishing a very happy, scintillating and spicy new year to all our readers! Now onto wrapping up the last week of 2016: In our most important development this week, Pankhuri has painstakingly compiled a list of the top 10 IP decisions and developments as well as other notable IP developments from 2016. Our topical highlight for this week is Balu’s take on the groundbreaking decision where a division bench (DB) of the Delhi High Court held that …

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Of Artificial Intelligence and Authorship

/ By / Copyright

A few weeks ago I had blogged about the Delhi High Court’s decision in Gurukul v. Evergreen. Here, the defendants challenged the copyrightability of ICSE Board Examination question papers (the Papers) and also perused the fair dealing defense of review under the Copyright Act (the Act). I covered these two aspects of the case in detail in my post. This dispute also raised the issue of whether copyright authorship can vest in artificial persons, which I aim to deal with …

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SpicyIP Weekly Review (November 13-19)

/ By / Others

This week’s topical highlight was Prof. Shamnad’s insightful tribute to celebrated singer Leonard Cohen. Prof. Shamnad writes a heartwarming piece on Cohen’s life as a musician and examines his tryst with copyright. He notes that while Cohen lost all rights in his blockbuster song “Suzzane”, he took it like a sport and cherished the purity of the music and the moment. He also recounts Cohen’s forgiving and compassionate nature while dealing with a former manager-friend who ripped off the singer …

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Copyrightability and Fair Use of Examination Question Papers

/ By / Copyright

In a recent decision, the Delhi High Court (HC) has vacated an injunction against the publisher of guide books to the ICSE and ISC examination questions papers and directed the Trial Court to adjudicate the injunction application afresh. Parties and Claims The plaintiff is a leading publisher of school-level academic books in India. The Council for the Indian School Certificate Examinations (ICSE Board/ the Board) [Defendant No. 3] conducts examinations of ICSE and ISC Board. The plaintiff had obtained an …

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