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.

Register for INTA’s India Emerged: Protecting Your Brand in India’s Evolving Economy Conference

/ By / Event, Sponsored

SpicyIP is pleased to announce the International Trademark Association (INTA)’s 2015 Regional Conference to be held on February 7th, 2015 in New Delhi. Details are as follows: The world is watching India with positive anticipation. The new Indian government is dedicated to establishing a vibrant intellectual property regime in the country. By joining the Madrid Protocol, India has instilled confidence in global brand owners; closer to home, India will soon have a national IP policy to promote national interests. INTA […]

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Justice VR Krishna Iyer’s IPR Legacy: S.3(d) of the Indian Patent Act

/ By / Others, Patent

As most of us know by now, Justice VR Krishna Iyer passed away on 6th December, 2014 at the age of 100. He had an illustrious career spanning as a lawyer, politician and Judge. He has served as a Judge of the Kerala High Court and the Supreme Court. He is perhaps most well-known for having been on the bench in the famous Maneka Gandhi judgment, whose interpretation of the Fundamental Right to Life under Art. 21 of the Constitution

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New Chapter in Bayer-Natco Saga: Delhi High Court Rules on India’s ‘Bolar Exemption’

/ By / Patent

The Bayer v. Natco dispute created jurisprudence for being India’s first post-TRIPS grant of a Compulsory License. Last month, it has done so again by prompting the Delhi High Court to affirmatively decide the scope of India’s ‘Bolar Exemption’. S.107A of the Indian Patent Act, known as India’s Bolar Exemption, is a defense for patent infringement, when the invention is used or sold by a third party for purposes related to research and development.  The provision is extremely important for

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SpicyIP Weekly Review (23rd-30th November, 2014)

/ By / Others

The last week saw a lot of IP action in various fields. SpicyIP carried posts about Pudhin Hara, Chetan Bhagat, Dishonest Vice Chancellors, and much more. The SpicyIP Highlight of the week is Thomas’ post on The BIS, Standards and Copyright. Swaraj had earlier carried a post on a petition led by Carl Mahmoud to make Standards published by the Bureau of Indian Standards freely available for the public to use. Mr. Mahmoud had informed the BIS that he had

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2014 Access to Medicines Index- GSK Leads; Overall Improvement in Performance of Pharma Industry

/ By / Others, Patent

The Access to Medicines Foundation, a Dutch NGO has released its biennial Access to Medicines Index for the year 2014, on November 17th, 2014. The Index analysis the top 20 pharmaceutical companies in the world and ranks them according to their efforts in improving Access to Medicines. GSK has emerged on top for the fourth time in a row, followed by Novo Nordisk.  Sanofi and Pfizer have fallen most significantly in rankings. (See SpicyIP’s coverage of the 2008 Index here).

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Lawyers’ Collective Training Workshop on Patent Oppositions for Law Students (20th December, 2014)

/ By / Event

Lawyers’ Collective is organising a training workshop on patent oppositions for students in the 4th and 5th year of the 5 year LLB Course and 2nd and 3rd year of the 3 year course, on 20th December, 2014, in New Delhi. The workshop will focus on drafting and filing patent oppositions on key life saving medicines in public interest. The last date for applying is November 16th. The following is the text of their flier: Established in 1981, Lawyers Collective is

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SpicyIP Weekly Review (2nd-9th November, 2014)

/ By / Others

From 2nd-9th November, SpicyIP carried posts and updates on topics ranging from trademark battles over Khadi, Amma’s Mineral Water and Burger King; Patent disputes between Cipla and Novartis, and Cipla and Roche, an important Delhi HC decision on S.8 of the Patents Act, and much more.   The SpicyIP Story of the Week is Swaraj’s post on the petition submitted to the Ministry of Consumer Affairs, Food and Public Distribution petition the free availability of Indian Standards to the Public.

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Cipla Applies to DIPP to Revoke Novartis’ Patents on Respiratory Drug- Can Patients Breathe Easy?

/ By / Patent

In a momentous development as reported by the Economic Times, Cipla has brazenly launched a cheaper generic version of Novartis’ Indacetorol (a drug used to treat chronic obstructive pulmonary disease). Cipla has further petitioned to the DIPP to revoke to revoke Novartis’ patents in public interest under S.66 of the Indian patent act. Cipla’s allegations against Novartis in DIPP petition It is reported that Cipla has alleged that the grant of the patent to Novartis is prejudicial to the public

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SpicyIP Tidbit: It is Still Copyright Infringement if the Image is ‘Modified’!

/ By / Copyright

Massachusetts-based photographer Bimal Nepal has had a strange Diwali this year. A photograph of lamps that he had posted on Flickr in 2012 has been copied without permission – by the Prime Minister (or more specifically, his PR team), who modified it slightly before posting it on the official Narendra Modi Facebook page on October 21st. The Prime Minister’s post has gathered close to half a million ‘Likes’ over two days. Nepal posted on Facebook that while he was honoured that

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Which Singh is King? Two IPR Firms Take on Each Other in a Trademark Battle over Their Names

/ By / Trademark

In an application for temporary injunction in a trademark suit between law firms Singh & Singh and Singh & Associates, Justice Endlaw of the Delhi High Court on 14th October ordered that Singh & Associates add ‘Founded by Advocate Manoj K. Singh’ below its logo to avoid confusion in the minds of litigants. Read the judgment here. Any law student learning up case names in Criminal Law or Constitutional Law would have undoubtedly noticed that the name Singh is ubiquitous

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