Category Archives: Others

Others

Bombay High Court Orders ‘Urgent’ Ex-Parte Ad-Interim Applications in IP Matters to be Held in Chambers (Now Revoked)


As per a notice dated November 6, 2019, the Bombay High Court had directed that all urgent mentioning for ex-parte ad-interim applications in IP matters will be held in the chambers of the judge, from November 7, 2019. As per the notice, the matters allowed to be circulated after the in chamber hearing, will be placed on the ‘production list’, which will be heart at 11:00 am on the assigned date. This procedure had been adopted on the directions of…


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Others Plant Variety Protection

PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia 


We’re pleased to bring to your notice two PhD scholarship opportunities for the Australian Research Council funded project on ‘Food security and the governance of local knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia. The deadline for applications is November 30, 2019. For further details, please see the announcement below: PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia  The aim…


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Others

SpicyIP Weekly Review (October 21-November 3)


Thematic Highlight Adarsh wrote a two-part post on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). In the first part of the post, he focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, which created a compound system for seeking registration of ‘hybrids’ and ‘parental lines’. He points out that the Notice is ultra vires since the Notice has been issued under Section 20 of the PPV Act, which is simply the provision empowering the PPV Authority to examine…


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Others

Delhi HC Gives Expansive Interpretation to Section 79 of IT Act: Issues Global Blocking Order Against Intermediaries


On October 23, a single judge of the Delhi High Court – Justice Prathiba M Singh – issued an interim injunction directing Google, Facebook, YouTube, Twitter and other unnamed intermediaries to take down on a global basis, defamatory content uploaded on their platforms against Baba Ramdev (‘Judgment’). The Judgment is significant as it went beyond the conventional mode of ‘geo-blocking’, whereby the take-down of URLs is limited to specific geographic locations. Background The present Judgment is only a link in…


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Others

Justice Pratibha Singh Demands a Reply from the Government of India on the Dysfunctional IPAB – IP Bar Continues to Be Mute Spectator


In a sharply worded order passed last week, Justice Pratibha Singh of the Delhi High Court has made scathing observations regarding the dysfunctional Intellectual Property Appellate Board (IPAB) and has demanded answers from the Secretary of the DIIPT on the state of affairs at the IPAB. The tribunal is empowered to hear appeals against orders of the IP Office, as well as the power to hear revocation petitions against trademark and patent matters as well as fix royalty rates under…


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Others

SpicyIP Weekly Review (October 14-20)


Topical Highlight Prashant wrote a post on an order passed by the Delhi HC concerning the marketing of a biosimilar of the breast cancer drug Herceptin by Reliance Life Sciences. Genentech, which owned the erstwhile patent for Herceptin, filed a suit against Reliance claiming that their drug did not comply with Guidelines for Biosimilars and hence could not claim to be as efficacious as the drug sold under the Herceptin brand. In this appeal, the Delhi HC overturned the decision…


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Drug Regulation Others Patent

Reliance Life Sciences Scores Minor Victory in Continuing Litigation over Trastuzumab Biosimilars


An appeals bench of the Delhi High Court finally heard and disposed, last month, an appeal filed by Reliance Life Sciences in 2016, against an order that Justice Manmohan Singh had delivered in a lawsuit filed by Genentech. Since this is a strange case, it is necessary to recap the origins of this lawsuit. Around 2013, Biocon, Mylan and Glenmark were circling around Genentech’s patents and pending patent applications over the biologic Trastuzumab, that is sold under the brand name…


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Others

SpicyIP Review (September 23 – October 13)


Thematic Highlight  In her first submission, fellowship applicant Akanshha Agrawal wrote on the free speech, morality and trademark law debate in light of the recent Iancu v Brunetti decision of the Supreme Court of the United States. She discussed the implications of the decision to strike down the ground of immorality to refuse trademark registration, including concerns overuse of racial slurs in trademarks. She also noted the use of ‘Urban Dictionary’ as evidence in the case. In the next part…


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Others

Justice Ravindra Bhat Appointed to the Supreme Court of India


In a bit of good news, in an otherwise bleak time for Indian IP, Justice Ravindra Bhat was recently appointed to the Supreme Court of India. For the last 15 years Justice Bhat served as a judge of the Delhi High Court (and a few months as the Chief Justice of the Rajasthan High Court) where he delivered a number of landmark judgments in IP, starting with his famous judgment in the Roche v. Cipla patent infringement battle where he…


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Others

SpicyIP Weekly Review (September 16-22)


In a guest post, Karan Dhalla argues that Tips Industries v Wynk Music, which held that the statutory licensing scheme under Section 31D of the Copyright Act 1957, was wrongly decided for three reasons. First, he suggests that Section 31D does not discriminate between different mediums of broadcast because both Section 31D(1) and Section 2(dd) are clear and unambiguous, and sweeping in their scope. Second, he posits that Section 31D(1) is the operative portion of the provision, and the remaining…


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