Author name: Shouvik Kumar Guha

Shouvik is at present employed as a Research Associate and a Teaching Assistant at The W.B. National University of Juridical Sciences, Kolkata. He has obtained his B.A. LL.B. (Hons.) degree from NUJS itself and is also currently pursuing his LL.M. degree from the same university. From his very year at law school, he had been attracted towards the discipline of Intellectual Property and that interest has been kindled further in course of time. The interface between IP and other disciplines such as Economics, Anti-trust Law, Human Rights, World Trade Law and the technological developments relating thereto, has especially caught his attention since then. He’s authored several papers on issues relating to IP and other legal disciplines for journals, books, magazines and conferences in national as well as international levels. He is also currently co-heading an organization called Lexbiosis, which is an endeavor meant to facilitate the collaboration between the legal industry and academia.

Breaking News: Roche-Cipla Verdict is out!

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The readers of Spicy IP, who have been following the developments in the matter of F. Hoffmann La Roche Ltd. v. Cipla Ltd. (reported earlier here, here and here) , may be interested to know that the Single Judge Bench of the Delhi High Court has at last pronounced his verdict in this case. As per preliminary reports received, Roche’s patent of Erlotinib has been declared to be a valid one, while Cipla has been acquitted of the charge of having […]

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Spicy IP Tidbit: Patent Office publishes List of Applications deemed as Traditional Knowledge

/ By / Patent

The regular readers of Spicy IP would no doubt be aware of the controversies surrounding the so-called “confidential” status accorded to Traditional Knowledge and relating information (for previous posts, see here). There have also been instances where RTIs have been filed with CSIR in order to obtain information about the Traditional Knowledge Digital Library project (TKDL) (see here and here). However, there is some welcome news for those, who share our penchant for transparency to the greatest extent possible in every

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Lack of Transparency in Domestic Policies harming the Pharmaceutical Sector? The Industry speaks out

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(Image taken from here) It will be quite superfluous to reiterate to the readers the strong vantage position that the Indian pharmaceutical industry holds at present in the global arena, as the second largest exporter of bulk drugs and largest formulation exporter in the world. Yet all may not be well insofar as the domestic growth of the industry is concerned, with all the flak it has been taking by unfavorable policy decisions by the Indian government, especially with respect

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The Basmati Controversy rears Head across the Indo-Pak Borders

/ By / Trademark

(Image taken from here) The followers of the Basmati controversy (for our earlier posts, see here) may have been under the impression that the matter had been put to rest back in 2008 when the Indian Parliament had authorized the Agricultural and Processed Food Products Export Development Authority (APEDA) to have ownership rights for the purpose of registering Basmati rice grown in the state of Punjab. However, matters have not yet come to a satisfactory conclusion, if reports from across

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Call for Papers for Journal of Public Interest IP

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  The readers of Spicy IP may be interested to know of a new journal that has recently come into being and seeks to address issues pertaining to the nexus between IP and public interest, something which has always been one of the focus areas of Spicy IP too. The journal, named the Journal of Public Interest IP, is a brainchild of PIIPA (Public Interest Intellectual Property Advisors, Inc.). PIIPA is an international non-profit organization that provides pro bono IP

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Argentina goes the 3(d) Way: Creases of Worry for the Pharmaceutical Patent Applicants?

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(Image taken from here) Most of the regular readers of Spicy IP would by now be familiar with the growing controversy and debates surrounding Section 3(d) of the Indian Patents Act, 1970 (For a detailed list of Spicy IP posts relating to this provision, see here). A while ago, a post had also been made on how other countries like Thailand had been coming up with legislative provisions similar to S. 3(d) within their own IP regimes (see here). For

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Delhi High Court refuses Interim Injunction for Trademark that is in Public Domain: Ihhr Hospitality Pvt. Ltd. v. Bestech India Pvt. Ltd.

/ By / Trademark

Name of the case: Ihhr Hospitality Pvt. Ltd. v. Bestech India Pvt. Ltd. Court: Delhi High Court (FAO(OS) 352/2011) Date of decision: 09.05.2012. Appellant: Ihhr Hospitality Pvt. Ltd. (represented by Mr. Rajeev Virmani, Senior Advocate instructed by Mr. Shantanu Sood, Advocate) Respondent: Bestech India Pvt. Ltd. (Represented by: Mr. Arun Bharadwaj, Senior Advocate instructed by Mr. Manish Sharma and Ms. Shivanshi Gupta, Advocates) Judges: Hon’ble Mr. Justice Pradeep Nandrajog, Hon’ble Mr. Justice Siddharth Mridul. Facts: The Appellant is in the

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Spicy IP Tidbit: German Minister promises to ensure Just Resolution of Ideafarms Dispute

/ By / Copyright

The readers have already been informed about the ongoing copyright dispute between the Indian company Ideafarms and the German body corporate Continental A.G. and the apparently irregular manner in which the German judiciary has decided against Ideafarms without according the latter a proper hearing (see here). Given that a lot of noise was being made in Germany about the lack of enforcement of IP rights in India following the Enercon and Natco decisions, it was inevitable that Germany would raise

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German Court delivers Unfair Judgment in a Battle between Indian David and German Goliath? The Case of Continental A.G. v. Confidign Solutions Pvt. Ltd (Ideafarms)

/ By / Copyright

(Image taken from here) A matter that can potentially attract considerable controversy has recently been brought to the notice of the Spicy IP team. The readers would no doubt be familiar with the recent Enercon dispute (reported here, here and here) and the case involving Natco, wherein Indian Patent Office had granted its first compulsory license in a pharmaceutical product (reported here and here). Since these two decisions, the German government, policy makers and industry-owners have been known to have

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Saregama alleges Copyright Infringement by Dirty Picture Song prior to Satellite Release of Movie

/ By / Copyright

(Image taken from here)Many readers would undoubtedly already be familiar with the recent histrionic abilities of the Bollywood actress Vidya Balan in the widely-acclaimed movie ‘Dirty Picture’. On April 22, 2012, the movie is due to have its satellite launch, following which it will be aired in television channels across the country. It is at this stage that a recent petition has been filed seeking an injunction from broadcasting the film itself or at any rate the song therein titled

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