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.

Rebutting false rhetoric around the Natco CL

/ By / Patent

On 31st March, 2015, the Economic Times carried an article titled “Compulsory Licensing hit India’s Image: Hetero Pharma“. The article quotes the Director of Hetero Pharma stating that the Compulsory License granted to Natco and upheld by the Courts “did more harm to our image than actually helped patients“. Moreover, the Director was cited as saying that “the CL for this drug was hardly in favour of public health or an emergency situation, as very few patients were treated for the […]

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Gilead Raises Privacy Concerns by Collecting Patient Data Regarding Sofosbuvir

/ By / Patent, Privacy

The Economic Times reports that Gilead Sciences is collecting details and keeping track of patients purchasing generic versions of its blockbuster Hepatitis-C medicine Sofosbuvir in an effort to prevent diversion of stocks to outside markets. In 2014, Gilead had voluntarily licensed the Hepatitis-C drug to seven Indian generic drug companies including Cipla, Ranbaxy, etc. According to the terms of the license, all these companies are allowed to set their own prices provided that royalties are paid to Gilead. The licensees

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Make in India Seasoning added to Nitto Denko ‘Patent Office Reforms’ Case

/ By / Patent

The Nitto Denko case, addressing reforms in the patent examination process, has taken on a ‘Make in India’ flavour – The second committee appointed on the instructions of the High Court has suggested that the Patent Act be amended to allow for expedited patent examination if the applicant has started manufacturing the invention in India or undertakes to start manufacturing in India within two years from requesting expedited examination. In October 2014, Delhi High Court delivered a pathbreaking decision suggesting

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CGPDTM Launches New Patent Search Facility with Full-Text Search Capability

/ By / Patent

Back in 2009, SpicyIP had sponsored a petition addressed to the Controller General of Patents, Designs and Trademarks (CGPDTM) pleading for “greater transparency and more access to patent information.” In the following years, the CGPDTM has stepped up its efforts in making available more and more patent information online.  Notably, in 2010, the office launched IPAIRS, the Indian Patent Information Retrieval System.   The CGPDTM subsequently has constantly been improving the IPAIRS, offering new search fields such as Applicant Address and

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Workshop & Conference on Intellectual Property and Public Health (23-27 March, 2015, New Delhi)

/ By / Event

Attention: The deadline for applying for the event is 2nd March, 2015 The Institute for Studies in Industrial Development and Public Health Foundation, Public Health Foundation of India, Third World Network and Indian Society for International Law are co-hosting a week long workshop-cum-conference on Intellectual Property and Public Health from 23rd to 27th March in New Delhi. Details are as follows: Some of the broad themes of the workshop-cum-conference would include: i) Intellectual property rights, access to medicines and linkages

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HathiTrust Fair Use Litigation Ends in a Fair Settlement

/ By / Copyright

Many of us know the HathiTrust litigation as one which created huge waves in Fair Use jurisprudence in the USA. The suit, brought by Authors Guild (the same plaintiffs as in the ongoing Google Books case) in 2011, was to restrain HathiTrust from digitising literary works in which copyright still subsisted. HathiTrust had sought to digitise the works for the purpose of creation of a full-text search database, providing access to the print disabled through creation of image files of the text,

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SpicyIP Weekly Review (21st December- 3rd January, 2015)

/ By / Others

The SpicyIP Highlights of the last two weeks: Prashant Reddy’s Guest Post on the curious case of IPRS, Indian Railways and Rabindrasangeet, where he discusses IPRS’ demand of hefty royalty amounts from the Indian Railways for playing Rabindrasangeet and other classic Bollywood melodies on trains. On New Years’ Eve, Thomas posted a hard hitting IP development on the copyright-design interface: the interpretation of S.15(2) of the Copyright Act in Mukul Goyal v. Union of India. The vires of S.15(2) was

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Free Webinar on Eligibility of Software Patent Claims in the USA by ipMetrix

/ By / Event

On 6th January 2015, ipMetrix is hosting a free webinar on  ‘Eligibility of Software Patent Claims in the USA in view of DDR Holdings, LLC v. Hotels.com, L.P.’. Event details are as follows: ‘Bilski and Alice have set the standard of review required in assessing eligibility of patent claims aimed at software based inventios. As it stands, business methods and software based inventions are not barred from patent eligibility as such. However, a case by case approach to review eligibility

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Darius Kavsmaneck v. Ghadra Chemicals: A Derivative Action Patent Suit

/ By / Patent

The Bombay High Court on 12th December, 2014 came out with an interesting decision that was a confluence of company law and patent law. Using the principles of company law, the Court decided that the plaintiff in this case cannot bring a derivative action suit to restrain the defendant from alienating a patent that is held in his name. The plaintiff was a shareholder of company ‘A’, which is the first defendant. The suit was against the Chairman of the Company

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“IP Expressions”: New Technical Magazine Released by India’s IP Office

/ By / Others, Publication

 The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) released in September a technical magazine titled ‘IP Expressions’. The first volume comes with a message by the Joint Secretary Mr. D.V. Prasad, that the magazine has twin objectives- to enhance awareness of IPRs and inculcate a culture of innovation. The first volume of the magazine has articles on topics ranging from the history of the Indian patent system, IP cooperation under SAARC, Patents and the Pharmaceutical Industry,

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