Author name: Rupali Samuel

Judging Judges: Reviewing Justice Singh’s IP Jurisprudence

/ By / Copyright, Data Exclusivity, Others, Patent, Trademark

In this guest post, Prashant Reddy reflects on the major decisions by Justice Manmohan Singh of the Delhi High Court in the field of intellectual property law and on the larger question of criteria for appointment of persons to the position of Chairperson of the Intellectual Property Appellate Board. Warning: Very long post ahead. Title: A review of Justice Manmohan Singh’s judgments Author: Prashant Reddy As reported by Shamnad recently, the grapevine has it that Justice Manmohan Singh of the …

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SC admits SLP against DelHC decision in Roche v. Cipla

/ By / Patent

The Supreme Court today admitted two Special Leave Petitions [SLP (C) No. 1677-78 of 2016] by Cipla against the Delhi High Court’s ruling holding that their drug ‘Erlocip’ infringes Roche’s patent IN ‘774. Roche’s claim of infringement was upheld after a long drawn out battle which even included an elaborate mini-trial over interim relief. One of the chief controversies in this case has been whether Roche’s patent IN ‘774 covers Cipla’s ‘Erlocip’, in that the latter infringes the former. The Single judge initially …

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3(d) a patent eligibility provision: DHC in Roche v. Cipla

/ By / Patent

In Part I I’ve discussed the decision of the Division Bench of the Delhi High Court (DB) in the Roche v. Cipla patent infringement suit on the tests for obviousness and infringement of a patent. As explained, Cipla manufactures the drug ‘Erlocip’ which is a particular polymorphic form of the Erlotinib Hydrochloride compound (Polymorph B). Roche’s patent IN ‘744, on the other hand, is for the compound Erlotinib Hydrochloride (EH) which at the time of grant comprised of a mixture of two polymorphic forms (A …

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Cipla’s Erlocip infringes Roche’s patent, finds DHC

/ By / Patent

Roche just scored its first big win in its long standing battle against Cipla with the Division Bench of the Delhi High Court (DB)  holding that Cipla’s cancer drug ‘Erlocip’ infringes Roche’s patent IN ‘774. This decision follows the Single Judge’s decision that that while Roche’s patent IN ‘774 was valid (the counter claim for revocation could not be proved), Roche was unable to prove through evidence that the alleged infringing product does, in fact, infringe their patent. In a comprehensive (but laborious) …

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New trademark rules up for comment, fees doubled

/ By / Trademark

The Department of Industrial Policy and Promotion (DIPP) has released the a draft of the proposed new Trademark Rules. The new rules provide for applications for sound marks, eliminates the provision for search by the Registrar for any prior, registered mark that resembles the mark for which trademark registration is sought and has provisions relating to international applications for marks originating in India. The rules do seem to create any new procedure or mechanisms to either tackle the immense backlog for …

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Why the TPP could kill access to medicines

/ By / Data Exclusivity, Drug Regulation, Others, Patent

In an article published on 16th November, 2015 in the Wire, I have analysed the Patent section of the Intellectual Property chapter of the Trans-Pacific Partnership Treaty, a regional free trade agreement involving the US and 11 other countries and 40% of the world GDP that was released earlier this month. Negotiated in secret, the Treaty has been controversial for adopting TRIP plus standards in IP, threatening internet freedom, endangering the rights of labour, health and the environment, and, largely furthering …

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Data exclusivity: IPA letter to Min opposes any change to Indian law

/ By / Data Exclusivity, Drug Regulation

The India-US bilateral talks starting tomorrow could mean renewed scrutiny of India’s IP regime and a letter from the Chairman and ranking members of the Ways and Means and Finance Committees to Secretary of State, John Kerry and Secretary of Finance, Penny Pritzker seeks to ensure that there is ample pressure on the Indian government to modify our laws to reflect the ‘right’ kind of policy.  Highlighting the opportunities presented by a 1.2 billion member strong free market, this letter (authored by Paul Ryan, …

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Testing times: 700 drugs (possibly) banned from sale in the EU

/ By / Drug Regulation, Patent

Earlier last month, the European Commission adopted a decision directing all member states to suspend national marketing authorizations of about 700 generic drugs tested and approved by Indian lab GVK BioSciences, sparking a retaliation by the Indian government in terms of a deferral of scheduled talks with the EU on the EU-India Free Trade Agreement. The suspension order is pursuant to a recommendation by the Committee for Medicinal Products for Human Use (CHPM) of the European Medicines Agency (EMA) based on a …

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‘Glenmark process’ does not violate Symed’s linezolid patent: DHC

/ By / Patent

The Delhi High Court vide order dated 17th July, 2015, gave the green light to Glenmark to continue manufacturing and selling ‘linezolid API’ used for drugs treating pneumonia and other bacterial infections. Glenmark is only one of several generics that were hit by patent infringement suits by Symed who won interim injunction orders in three of these cases. The injunction awarded by the Single Judge in the Glenmark case was vacated by the Division Bench vide an order dated 5th …

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Interrogating Interim Injunctions – Pest Control vs Sudhakar

/ By / Patent

With our I3 series- Interrogating Interim Injunctions – we’ve been trying to highlight the defunct nature of the interim injunction remedy – and the ease with which it lends itself to forced settlements in otherwise contentious disputes. Trial strategy is a complex procedure, and my point is not to endorse litigiousness in the face of other methods of resolving a dispute. However, out of court processes are dangerous when both parties are not on even footing – and when the stilts …

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