Author name: Swaraj Paul Barooah

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Copyright issues in Roche v. Cipla?

/ By / Copyright, Patent

It turns out that aside from the myriad patent law issues involved in last week’s Roche v Cipla decision (see Rupali’s posts here: Part 1, Part 2), there may be some copyright considerations as well! It appears that paras 4 to 37 of the judgement are nearly identical to a 2013 note written in the Queen Mary Journal of Intellectual Property by Shwetasree Majumdar (co-founder of Fidus Law Chambers, also one of our former bloggers) and Eashan Ghosh (of S. Majumdar […]

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Guest Post: The National IP Policy which is generic, obvious and lacking in originality

/ By / Copyright, Innovation, Others, Patent, Trademark

Hot on the heels of the alleged leaked final draft of the National IP Policy that I posted about this morning, Prashant Reddy comes out with a scathing commentary on it. Without further ado, let’s get straight to it! The National IP Policy which is generic, obvious and lacking in originality Author: Prashant Reddy There’s been a mistake. The link that Swaraj provided in his previous post on the alleged final draft of the National IP policy (leaked by another blog) took

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Final IP Policy draft leaked!

/ By / Copyright, Design, Geographical Indication, Innovation, Others, Patent

[15/10/2015 Update: As reported by LiveMint — DIPP Secretary Amitabh Kant clarifies that this is not the final policy, only the final draft as submitted by the IP Think Tank. He says that the Government will make the final policy and it’ll be announced in 30-45 days. Presumably this means that internally comments are being made on the final think tank draft. It’ll be interesting to see what changes are made by the Government on this final draft by the

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Creation of “Linux for Drugs” gets support from Tata Trusts

/ By / Innovation

In what could turn out to be quite a significant development for pharma innovation combined with affordable medicines, Tata Trusts have announced that they will support the creation of the Open Source Pharmaceutical Foundation (OSPF), with operations commencing later this year, under the leadership of Mr Jaykumar Menon, Dr Tanjore Balganesh, Mr Bernard Munos and Dr Mathew Todd. As described, “OSPF seeks to support an alternative comprehensive, open source pharmaceutical innovation model driven by principles of openness, patient needs, and affordability.”

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Youth Workshop on IP, Public Health and Access to Medicines

/ By / Others

The 4th Global Congress on Intellectual Property and the Public Interest, scheduled to be held from 15-17th December, 2015 at National Law University, Delhi is fast approaching. Interested candidates who haven’t yet sent in their applications to participate are encouraged to do so at the earliest. To coincide with the 4th Global Congress on Intellectual Property and Public Interest, ISID, PHM and Prayas are conducting a four-day post-congress youth workshop on intellectual property, public health and access to medicines. Selected participants will:

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The good that Martin Shkreli has done

/ By / Drug Regulation, Innovation, Patent

As many of our readers may have heard by now, Martin Shkreli, ex-hedge fund manager and current founder and CEO of Turing Pharmaceuticals is currently in the eye of a torrid storm of anger after he increased the price of Daraprim overnight from $13.50 per pill to $750 per pill. This 5500% increase came within 2 months of acquiring the rights to the drug from Impax laboratories. Daraprim is a treatment for toxoplasmosis, which affects people whose immune systems have been weakened by chemotherapy,

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New CRI Guidelines Seem to be a Result of Patent Office Overreach

/ By / Patent

Troubling times lie ahead for the Indian IT sector as the recently released Guidelines for Examination of Computer Related Inventions seem to have opened the backdoor to software patenting. While the intention of the Patent Office in releasing these Guidelines may have simply been to help foster some clarity and uniformity in patent office practice, the language of the Guidelines paves the way for some unexpected policy changes. Several policy think tanks including iSpirt, Software Freedom Law Centre, Centre for Internet and Society, etc have expressed

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Global Innovation Index 2015: Looking at India’s performance

/ By / Innovation

The Global Innovation Index (GII) 2015, released yesterday, saw India ranked a disappointing 81 out of the 141 countries surveyed. Topping the list for the 5th year running is Switzerland, followed by UK and Sweden. The GII, currently in its 8th edition, is an annual report co-published by Cornell University, INSEAD, and the World Intellectual Property Organization (WIPO). Using 79 indicators from over 30 international sources, and with a transparent and replicable computation methodology, it is widely recognized as the

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SpicyIP – Call for bloggers!

/ By / Others

2015 marks the completion of ten years since we started out our journey to promote awareness about intellectual property issues in India. These years have been exciting, enriching and have given us the opportunity to learn from all our readers as well as add our bit towards discussing the issues that were of concern to us. To continue this process of collaborative learning, Spicy IP is extremely pleased to announce that we are keen to infuse our team with new blood.

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Guest Post: Symed’s Linezolid patent case – A response

/ By / Patent

A couple of weeks ago, Rupali carried a piece on the blog titled “‘Glenmark process’ does not violate Symed’s linezolid patent: DHC“. Shortly after, we received an email from Symed stating that the post did not accurately convey the situation at hand. Both the author and I looked over the post and did not see anything amiss, and went on to make some minor clarificatory edits. At this point, I should admit that though I should have, I did not follow up with

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