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 [email protected]; and dont worry he loves F.R.I.E.N.D.S too.

Copyright Trademark

Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v. Sanjay Dalia (Part I)


In a previous post, I covered the Bombay HC’s decision on jurisdiction in copyright and trademark litigation in India. As we saw there, the crux of the discussion comprised an analysis of where a person can be said to be “carrying on business” and especially if that place can be a corporate plaintiff’s subordinate office as opposed to its head office. In Manugraph India Limited V. Simarq Technologies Pvt. Ltd. & Ors, the Bombay HC answers in the negative and…


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Trademark

Searching for Situs: Delhi High Court holds IP transfer by foreign based entity not taxable in India


A division bench (DB) of the Delhi High Court held that income accruing from the transfer of IP by a foreign based entity cannot be subject to income tax in India.  DB resolved an 8-year old dispute and finally settled that the situs of intangible capital assets, such as IP, is deemed to be the same as the situs of its owner. This judgment is available here, and the impugned order passed by the Authority on Advance Rulings (AAR) is…


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Events Uncategorized

SpicyIP Event: 11th Prof. S. P. Sathe National Moot Court Competition,  ILS Law College, Pune (23rd to 25th September)


ILS Law College, Pune has released the problem for the 11th installment of its Prof. S. P. Sathe National Moot Court Competition (Moot). The Moot is slated to be held between 23rd and 25th September 2016. This year’s Moot Problem deals with a few novel and thought-provoking principles in the field of intellectual property law. The complete compendium, which consists of the Moot Problem and Moot Rules, is available here. Exhaustive details, including a list of dates to etch in your…


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Copyright Trademark

Mischief Managed(?): Bombay High Court upholds Plaintiff’s privilege to sue in its place of registered office sans cause of action


The Bombay High Court has decided in a recent judgment that the Supreme Court’s landmark decision on jurisdiction in IPRS v. Sanjay Dalia cannot be read in such a way as to curtail the plaintiff’s privilege to pursue a suit in the area where the plaintiff has its registered office. Justice Gautam Patel has observed that this rule is applicable even when the plaintiff has a subordinate office in the place where the defendant is carrying on business and where…


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Others

SpicyIP Weekly Review: July 11th to 17th


We have two amazing posts making this week’s highlights: the first by our guest Harshavardhan Ganesan and the other by Balaji Subramanian. For the first highlight, Harsha brought us his insightful take over the blossoming of an unfortunate relationship between tragedies and trademark. He starts off with a brief account of the opportunistic attempts to trademark BREXIT for beer and laments over similar attempts in relation to terms, such as JE SUIS CHARLIE, which are associated with tragic events. Similarly, he also…


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Drug Regulation Patent

UN Human Rights Council Adopts Landmark Resolution for promoting Access to Medicine in Developing Countries


(This post has been co-authored by Swaraj Barooah)  It appears that 30th June 2016 was quite a good day for access! Aside from the developments with the Marrakesh Treaty that Vasundhara recently posted on here, the United National Human Rights Council (UNHRC), in its 32nd Session,  adopted the much awaited Resolution on “Access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health” (the Resolution). The Resolution…


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Patent

UNDP Releases Guidelines for Pharma Patent Examination from a Public Health Perspective


The United Nations Development Programme (UNDP) has published a new set of guidelines for patent examination with a primary view to sieve poor and weak pharmaceutical applications out of the patent pool.  In writing the foreword, Director of HIV, Health and Development, UNDP Mandeep Dhaliwal rightly observes that an appropriate balance should be maintained between protecting the rights of inventors and incentivizing innovation, on the one hand, and promoting accessibility and affordability of treatments, on the other. These guidelines have…


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Drug Regulation Patent

Pinocchio d’Pharma: False claims about Tarceva cost Genentech and OSI Pharma $67 Million


Pharmaceutical giants Genentech Inc. and OSI Pharmaceuticals LLC have coughed up $67 million to finally settle allegations against them under the US False Claims Act of 1863 (FCA). The United States Department of Justice (DOJ) stated in a public release that “Genentech and OSI Pharmaceuticals made misleading representations to physicians and other health care providers about the effectiveness of Tarceva to treat certain patients with non-small cell lung cancer, when there was little evidence to show that Tarceva was effective…


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Drug Regulation Innovation Patent

Hep C Drug Pricing: New Study finds Sofosbuvir globally unaffordable


Imagine waking up on the wrong side of the bed. Your skin looks yellow and you start feeling blue. Abdominal pains make you cringe, despite never having binged. The family doctor rules out jaundice and draws a blank. Your hospital-next-door churns out the blood report and you anxiously gaze into the diagnosis: “Tested positive for Hepatitis C”. You become the latest addition to a pool of around 130 million people across the globe. Initially drained of every modicum of hope,…


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Drug Regulation Innovation Patent

Reflecting on the US Special 301 Report 2016: Patently Insignificant(?)


The United States Trade Representative (USTR) on 12th April released its 2016 version of the annual Special 301 Report on IP protection and enforcement. I understand that many of our readers may already be aware of this development. Therefore, albeit a bit belated, I have tried to analyze this Review and its impact that on India. Unsurprisingly, India has been featured in the Priority Watch List. India has had the honor of being featured on this list since 1974. In…


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