Author name: Spadika Jayaraj

Spadika is a student of the National Law School of India University, Bangalore. Apart from Intellectual Property Law, she is also interested in Law and Technology issues.

Guest Post: Towards a Nuanced Approach to Protection of Traditional Knowledge

/ By / Traditional Knowledge

Recently, IPKat carried a post titled Knowledge is Power; Traditional Knowledge is…? which appeared skeptical of the discourse around protection of Traditional Knowledge. The post argued that this discourse suffers from fundamental lack of clarity around key aspects such as the definition of TK, wider justifications for its protection, the scope of protection and to whom the benefits of TK protection should be granted. While it is true that there is no international consensus on the definition of TK, India […]

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DHC Upholds Validity of Dasatinib Patent

/ By / Patent

On 29th June, 2015, Justice Manmohan Singh of the Delhi High Court upheld BMS’ patent for anti-cancer drug Dasatinib (marketed as Sprycel). Read the judgment here. The tussle between US-based multinational Bristol-Myers Squibb and BDR Pharma, a mid-sized Bombay based company over Dasatinib goes back several years. It first came into the limelight in 2013 when BDR filed for a compulsory license for Dasatinib, citing the exorbitant price of the drug at present. However, the application was rejected as the

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Announcing SpicyIP’s Collaboration with Law Street India

/ By / Others

We at SpicyIP are pleased to announce that we have entered into a collaboration with the legal update portal Law Street India (LSI). LSI is the newest addition to the excellent TaxSutra set of portals which includes Taxsutra for real-time tax news and analysis, the Transfer Pricing Portal and the Central Indirect Taxes Portal. LSI offers its subscribers comprehensive coverage of the areas of Corporate Law, Competition Law and IP Law. It covers the latest judgments as well as provides updates

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Trademark Infringement, With a Cherry on Top

/ By / Trademark

On 24th June, 2015, in an interlocutory application, the Bombay High Court made a distinction between usage of the word ‘Cheri’ with respect to pharmaceutical preparation and ‘Cherry’ with respect to a dietary supplement, holding that there was no  trademark infringement. The order is available here. The plaintiffs, Indchemie Health Specialists Pvt. Ltd, were registered proprietors of the trademark ‘Cheri’, used in haematinic preparations for iron deficiency, sold in the form of syrups, tablets and capsules. The trademark was in

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ON THE COMMON LAW ADMISSION TEST, 2015- A.K.A. THE COPYC(L)AT

/ By / Copyright

The Common Law Admission Test (CLAT), held on May 10th, 2015 saw 30,000 (mostly) young, enthusiastic teenagers vie for the 2000-odd seats available in India’s prestigious National Law Schools. This year, the test went online for the first time, and while many were apprehensive about the challenges that this would bring, nobody anticipated the scale of problems that the exam would eventually throw up. Some of the major issues were those of incorrect questions, incorrect answers and a delayed declaration of the

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The Return of Innocence: Google v. Garcia

/ By / Copyright

In March 2014, I had written about a U.S. Circuit Court ordering that Google take down from YouTube the controversial parody video ‘Innocence of Muslims’. On May 18th, the Court of Appeals has rescinded the order. To give a little background- Innocence of Muslims is an irreverent parody film that was uploaded on YouTube in 2012, when it sparked riots all over the world for its provocative depiction of Islam.  Google took a three-pronged approach in reacting to the incense

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Indian Health Minister Jagat Nadda Elected President of WHO Health Assembly

/ By / Innovation, Others

The 68th World Health Assembly of the World Health Organisation (WHO) is taking place from 18th-26th May in Geneva, Switzerland. The Assembly has elected Dr. Shri Jagat Prakash Nadda, the Indian Union Minister for Health and Family Welfare as its President for this session. Nadda, in his address to the Assembly stated that “inequities of resources has a direct correlation with the inequities of health”, and mentioned Access to Medicines and diagnostics as one of the public health challenges that

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Legal Council Congress and IDEX Legal Awards (30th April, 2015)

/ By / Event

IDEX Legal will host the 10th Edition of The Legal Council Congress and the 4th Edition of The IDEX Legal Awards at the Palladium Hotel in Mumbai on 30th April, 2015. The Legal Council Congress (LCC) is presented by Thomson Reuters. LCC brings legal decision makers together leaders in the legal fraternity to discuss the legal and non-legal challenges faced in their careers, such as team management, hiring and retention of staff, etc. The inaugural panel on ‘The Rise of the Global GC’ will be chaired by

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NLSIU Alumni Worldwide Seminar on ‘Legal Education and State of the Legal Profession’ (April 25th-26th, 2015)

/ By / Others

On April 25th and 26th, NLSIU, Bangalore will host its first Alumni Worldwide Seminar on Legal Education and the State of the Legal Profession. The two-day event will see sessions on topics such as State of the Profession; Role of the Bar Council in and Bar Associations in Continuing Legal Education; Role of the Judiciary and Access to Justice; Law Schools and Lawyers, etc. Apart from NLSIU Alumni, the Seminar will also feature eminent personalities in the legal field such as

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Brazilians (Finally) Seek Permission to Milk the Benefits of the Ongole Bull

/ By / Biological Diversity

The Times of India reports that a Brazilian team has made an application to the National Biodiversity Authority to obtain 5,000 units of the germplasm of the Ongole Bull, a species of cattle indigenous to Andhra Pradesh. The Ongole Bull, which takes its name from the region where its mainly bred (the Ongole Taluka in southern Andhra Pradesh) is a large species of cattle which serves well in draught prone areas. This makes it naturally popular in AP, where it

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