Patent

Mylan gets green light to export HIV drugs to Venezuela


At a time when the DHC is coming under the scanner for some controversial ex parte interim injunction orders in high stakes disputes, it is heartening to read a well reasoned order by the AP/Telangana HC in the patent infringment matter between Bristol-Myers Squibb (BMS) and Mylan over anti-retroviral drug ‘Atazanavir’. On 5th December, Justice A. Rajasheker Reddy rejected an appeal against the trial court decision denying the interim injunction application, noting that the applicants failed to demonstrate a prima facie case. [Warning: Long…


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Events

First Prof. T N Daruwalla Memorial Lecture: 12th December, 2014


The Intellectual Property Law Practitioners Association (IPLPA) and the International Association for the Protection of Intellectual Property (AIPPI India Group) is conducting the “First Prof. T. N. Daruwalla Memorial Lecture” in memory of the late Prof. Tehemtan Nasserwanji Daruwalla, an esteemed academic at Govt. Law College, Mumbai, and IP law practitioner for over 53 years. Prof. Daruwalla was a well loved and respected pioneer in the field and the recipient of numerous Awards, including a Life Time Achievement Award from the IPLPA and a Medal from…


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Competition Law Patent

Breaking News!! DHC fixes interim royalty rates, last date of trial in Ericsson/Micromax FRAND case


A Single Judge of the Delhi High Court passed a judgment on the interim applications pending in the patent infringement suit filed by Ericsson (Telefonaktienolaget LM Ericsson) against Micromax and Mercury Electronics on the 12th of November, 2014. The judgment covers two main points: first, it sets the royalty rate to be paid during the pendency of the case [brings it down from 1.25-2% to 0.8-1.3%], and, secondly, it fixes 31st December as the final date for the trial of the…


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Drug Regulation Patent

Breaking News: AIDAN files PIL against NPPA decision to withdraw price control guideline


The All India Drug Action Network (“AIDAN”) filed a PIL in the Delhi High Court today challenging the order dated 22.09.2014 whereby the National Pharmaceutical Pricing Authority (“NPPA”) has, under the direction of the government, withdrawn the internal guidelines dated 29.05.2014 issued by it (“internal guidelines”) for the fixation and revision of prices of drugs. The petition claims that this decision was arbitrary, irrational and mala fide and was the result of illegal browbeating by the central government at the…


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Copyright Innovation Others Patent Trademark

Academics, diplomats, scientists, lawyers, public health orgs issue open letter to PM on proposed IP Policy review


A variety of concerned stakeholders comprising of esteemed academicians, former diplomats, scientists, lawyers and public health organisations have written a sharp open letter to Narendra Modi’s government on the decision to review India’s position on IP laws ahead of his visit to the United States, strongly cautioning against coercion from the foreign state to align India’s IP laws with the interests of transnational corporations. The letter begins by expressing concern at the timing of the review and disapprobation for statements…


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Patent

Gilead enters into licenses with 7 Indian generics for manufacture and sale of Sovaldi


Last month we reported Gilead’s slashed pricing for ‘Sovaldi’ (its anti-Hepatitis C drug) in India as well as its proposals to tie up with Indian generics for the manufacture and export of the drug (see here and here). This week has seen the concretion of these deals with 7 Indian generic companies (see here and here). The Price Slash As the earlier posts outlined in detail, Gilead has been caught in widespread controversies across the world over its pricing for sofobuvir, brand…


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Patent

Madras HC orders reconstitution of IPAB Vice -Chairperson Selection Committee


As reported earlier this month, a miscellaneous petition seeking a stay on the appointment of a Vice- Chairperson (VC) to the Intellectual Property Appellate Board (IPAB) was filed in pursuance of Shamnad’s challenge to the constitutional validity of the Board. The matter came up today and Justice Sanjay Kishen Kaul (Chief Justice of the Madras High Court) was of the view that Justice Basha (current chairman of the IPAB) and not the Secretary, DIPP ought to be the Chairman of…


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Trademark

Emcure v. Corona Remedies: Silence not acquiescence says BomHC


In this Notice of Motion, the Bombay High Court considered the question of deceptive similarity, acquiescence and balance of convenience and decided in favour of the plaintiffs on all questions. Background: The plaintiff, EMCURE Pharmaceuticals, registered the marks OROFER and OROFER- XT in October, 1996 as word marks in Class 5 (medicinal or pharmaceutical preparations for iron deficiency, anaemia, etc.). The product in question is a film coated tablet or capsule prescribed as an iron supplement by orthopaedics and folic…


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Drug Regulation Patent

Access to Medicines for Hepatitis C: Part II – Evaluating the Arsenal


Gilead’s 300$ a bottle (900$/12 weeks) announcement for blockbuster anti Hepatitis C drug ‘Sovaldi’ comes at a time when Gilead is under tremendous pressure internationally from both governments and civil society organisations to decrease their exorbitant pricing (see here, here and here). In Part I of this post I described developments in India in relation to the drug. In this post I look at the larger picture and situate Gilead’s pricing decisions in the context of targeted advocacy as well as the existence of and willingness…


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Drug Regulation Patent

Access to Medicines for Hepatitis C: Part I – Gilead Annouces 300$ price for Sovaldi


After a huge outcry over its exorbitant price, Gilead Science is offering its Hepatitis C (HCV) blockbuster drug ‘Sovaldi’ at a significant discount in India. As the Times of India reports, Sovaldi will now be available at a price of 900$/12 weeks which is roughly 1% of the US price (a whopping 84,000$/12 weeks). This announcement follows earlier accords with Egypt and Doctors Without Borders to sell the drug at this discounted price to low income countries. With an estimated…


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