Category Archives: Patent

Copyright Patent Uncategorized

Qu-IP: Patents are a remote juridical island…best left to its savage inhabitants!


Continuing our long lost QU-IP series, here comes a rather quirky one from Lord Jonathan Sumption. “But there have been two occasions in my professional life when I have been shaken in my view that it is all just law. One was my only foray, as Counsel, into patent litigation. I will not trouble you with this unhappy story. It persuaded me that chemical patents at least were a remote juridical island, best left to its savage inhabitants.” Sumption was…


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Patent

The (un)patentability of microbiological processes – A drafting error or considered policy?


While researching for a paper that I am currently writing, I stumbled along a rather strange issue regarding the patentability of microbiological processes. The root of the issue traces back to Article 27.3 of TRIPS. This provision allows member-states to exclude from patentability certain subject matter such as plants, animals and essentially biological processes, with the caveat that member-states will still have to protect micro-organisms and microbiological processes under their national patent laws. The relevant wording of Article 27.3 reads…


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Innovation Patent

DIPP forgets about NIIPM & Indian law firms, signs deal with WIPO


Earlier this month, the Department of Industrial Policy and Promotion (DIPP) announced that it had signed a deal with the World Intellectual Property Organisation (WIPO) to establish Technology and Innovation Support Centres (TISC) in India. According to the press release put out by the DIPP, the TISCs are meant to provide innovators in developing countries with high quality technology, information and related services to help them create, protect and manage their intellectual property. As per the same press release, once…


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Patent

Del HC Stays Its Previous Order Allowing Natco to Export Bayer’s Nexavar Under the Bolar Exemption


We are pleased to bring to you this guest post by our intern, Radhika Agarwal. Radhika is currently working as a Research Fellow at the Centre for WTO Studies at the Indian Institute of Foreign Trade. Del HC Stays Its Previous Order Allowing Natco to Export Bayer’s Nexavar Under the Bolar Exemption Radhika Agarwal Recently, SpicyIP reported a landmark order of the Delhi High Court (dated March 8, 2017), where it had ruled that ‘export’ of a patented invention for…


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Patent

Lighting Up Injunction Jurisprudence: US v. India


 To say that the Indian jurisprudence around injunctions is a hotchpotch of ad-hoc legal dicta is an understatement. Thus far, we’re not clear on what precisely the standards for the granting an injunction are. The US courts on the other hand, have a bit more clarity on this. With the latest CAFC decision in Nichia, it is now clearer (post eBay) that patent injunctions cannot be had for the asking and are not to be granted as a matter of…


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Patent

And the US issues yet another compulsory license!


Hold on! Surely the title is misleading. The US never ever issues compulsory licenses (CL’s)! At least that’s what the tone and tenor of the notorious Special 301 reports suggest. Where, year after year, the US government takes issue with countries that have the temerity to tame patents through compulsory licenses. India issued just one license in the post TRIPS era, and look at how much flak we’ve already received! Even the latest special 301 report continues the anti-CL rant. Ahh…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – III: Make Antitrust Great Again


Over the previous posts (here and here), I outlined the current state of pharmaceutical price control, and outlined inefficiencies inherent to the existing framework. Over the course of this post, I dive deeper into the harms caused by an ineffective price control regime, and outline more optimal policies to enhance access to drugs. Price control as a boogeyman The fact that price control in the drugs market today is entirely ineffective appears to be the subject of a careful cover-up…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – II: Cheating the consumer


Over the previous post, I summarised the events that led up to the current government’s ostensible decision to disband the National Pharmaceutical Pricing Authority and pave the way for a radical curtailment in the scope of pharmaceutical price control. While pressure groups such as the AIDAN, and other political agents (such as the Swadeshi Jagran Manch) have viewed the move as an egregious attempt to pull the rug from underneath the feet of patients, the question remains whether the DPCO was…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – I: Background and Context


Drug price control has been at the forefront of the Modi government’s electoral promises, which has been quick to claim “victories” on this front (such as the capping of stent prices earlier this year). Elsewhere, however, it has been noted that players within the government have expressed opinions against the expansion of price control, and have taken concrete action to strip the current price control mechanism of its bite. Over this post, I contextualise these events in the larger policy…


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Competition Law Patent Unfair Competition

A Critique of the Decision in Unwired Planet v. Huawei


On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter “Unwired”) decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:…


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