Category Archives: Patent

Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB


One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of…


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Copyright Patent Trademark

SpicyIP Weekly Review (July 19 – 26)


Topical Highlight Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A In this post, Praharsh discussed the recent Delhi High Court order vacating an ex-parte interim injunction, allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes. He first summarises the key findings of the order. He then analysed the order and argued that the court rightly denied the plaintiff’s excessively restrictive interpretation of Section 107A, and…


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Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark Traditional Knowledge

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System


generic stock photo

As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…


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Patent

Pesticide Patents: Not ‘Working’ Out?


Man spraying vegetables with pesticides

Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here, here, and here)….


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Patent

Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A


The Delhi High Court in an order dated 20th July, 2021 vacated an ex-parte interim injunction (pdf), allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes on the condition that it files an affidavit mentioning the quantities of the drug exported and undertaking that the export is only for the above said purpose. While coming to this understanding, the court relied extensively on the Single Judge’s and Division Bench’s decisions in Bayer v. Union of…


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Copyright Geographical Indication Innovation Opportunities Patent Privacy Trade Secret Trademark

SpicyIP Weekly Review (July 5-11)


Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…


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Patent Trade Secret

Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry


We’re pleased to bring to you a guest post by Pragya Jain.  Pragya is a 4th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry Pragya Jain The coronavirus outbreak and subsequent shutdown wreaked havoc on all major sectors of the economy, yet it turned out to be a blessing in disguise for India’s pharmaceutical industry. Over the next five years, India’s medical spending is predicted to…


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Opportunities Patent Trademark

Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102)


We’re pleased to inform you that The Journal of the Patent and Trademark Office Society is inviting submissions for Volume 102 of the journal. For further deatils, please see the announcement below: Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102) The Journal of the Patent and Trademark Office Society (‘JPTOS’), America’s premiere intellectual property law journal for over one hundred years, hereby announces an open call for submissions by direct email to [email protected] or on…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division


In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall,…


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COVID-19 Patent

After Natco’s Withdrawal, Bajaj Healthcare files for Compulsory License to Manufacture Baricitinib


A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides details of the circumstances surrounding it. Baricitinib, which is originally an arthritis drug, has more recently been used in combination with Remdesivir to treat Covid-19 patients for better results than what…


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