Category Archives: Patent

[Sponsored] LexisNexis Webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ [October 19]

by SpicyIP October 14, 2021

We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals. They are also holding a webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ on October 19, 2021, the details of which can be viewed below. Introducing a New Objective Way to Track and Measure Sustainable Innovation…

SpicyIP Weekly Review (September 27 – October 3)

by Adyasha Samal October 4, 2021

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and…

Patent

Zolgensma and the Inadequacies of the Compulsory Licensing Regime

by SpicyIP September 29, 2021

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We’re pleased to bring to you a guest post by Akhil Satheesh. Akhil is a final year B.A.L.L.B.(Hons.) student from NUALS, Kochi. Zolgensma and the Inadequacies of the Compulsory Licensing Regime Akhil Satheesh What is the price of an ordinary human life? Although the answers may be imprecise and deeply rooted in philosophical quandaries, for those suffering from a rare genetic degenerative disorder, Novartis answers the question, valuing life at 2.1 million dollars (Rs. 16 crore). This was the price…

SpicyIP Weekly Review (September 20- 26)

by Nikhil Purohit September 27, 2021

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ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…

SpicyIP Weekly Review (September 13-19)

by Nikhil Purohit September 20, 2021

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Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of…

Patent

Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed”

by Praharsh Gour September 13, 2021

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The present post discusses another instance of interim injunctions imposed by our courts on the basis of problematic rationale. Sometime back, I reported on an interim injunction order by a Single Judge Bench of Madras High Court against La Renon Healthcare Pvt. Ltd. and Stanford Labs Pvt. Ltd (the defendants). Without narrating the background in detail again, the order was passed in an ongoing patent infringement dispute (covered here and here for the blog) surrounding Plaintiff no. 2’s (Kibow Biotech)…

Patent Traditional Knowledge

Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas?

by Namratha Murugeshan September 8, 2021

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Continuing our series of posts on the Parliamentary Standing Committee Report on Review of the IPR Regime in India, in this post I will be covering the Report’s recommendations on IPR and Traditional Knowledge (TK). The other posts on the Report can be found here, here, here, here, and here. Highlights from the Report The Committee Report’s observations on TK start off with a lament on how TK and indigenous inventions by grassroot level innovators often do not meet the…

SpicyIP Weekly Review (August 30 – September 5)

by Adyasha Samal September 6, 2021

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The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. He situates this within the larger issue of concentration of judicial power in the hands of the few judges staffing a relevant IP tribunal or…

The End of the IPAB and Lessons on Concentration of Judicial Powers

by SpicyIP September 1, 2021

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We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant Reddy India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament. With the enactment of this law, the jurisdiction of the IPAB moves back…

SpicyIP Weekly Review (August 23 – 29)

by Anupriya Dhonchak August 30, 2021

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Topical Highlight Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off In this guest post, Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s copyright and registered trademark by thrusting its deceptively similar goods and flooding the…

Ayushman Kheterpal { Similar issue cropped up in the USA, wherein the cops started turning on loud music of popular songs in order to ensure that any video being recorded by... }
{ The Hon'ble Supreme Court in the SLP against the Order of the Division Bench has observed that "It cannot be disputed that as such the impugned judgment and... }
Abhiraj { Another aspect which comes to my mind is that YouTube is a private entity and is in no manner bound to act as a judge or ensure a... }
Jagdish Sagar { I agree with Shobhit. How will the statutory licence fee under section 31D of the Copyright Act, that one High Court fixes, apply in the jurisdiction of other... }
IP Noob { This is an interesting comment - “abuse of the copyright system could have repercussions on Aaj Tak’s ability to file future takedown requests”. Could you explain the basis... }