Category Archives: Patent

Patent

Ensuring Access to TB drugs: Is Compulsory License the Way?

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This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here.  [Note: Long post ahead] Ensuring Access to TB drugs: Is…


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Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

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Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035. The Report does propose a bigger picture, but fails short of…


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SpicyIP Weekly Review (August 2 – 8)

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Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he…


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Patent

Dapagliflozin Patent Receives Another Blow: Same Old Coverage-Disclosure Story

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Last month, the Delhi HC refused to interfere with two orders by Shakdher J. and Gupta J. denying injunctions to AstraZeneca against 9 generic drugmakers manufacturing its anti-diabetic drug Dapagliflozin. While the issues and arguments are largely the same as the earlier order I discussed in November, the court has made some interesting observations about the nature of a patentee’s exclusive right. An important point the court made was to reprimand the appellants for bringing two different sets of suits…


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SpicyIP Weekly Review (July 26 – August 1)

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Topical Highlight A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System In a guest post, Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. He notes the list of recommendations in the Report while highlighting the pro-industry nature of the same. The post focuses on three methodological flaws in the Report. Dr. Scaria points out that the Report lacks focused questions of enquiry…


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Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

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In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions. The Report informs that these procedural changes are being suggested to bring in some flexibility in the Patents Act to ensure that the validity of patents is…


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Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

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As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. In an approach that seems to focus on the bigger picture while suggesting fairly pointed reforms, the Report misses both the trees and the forest. Some of the conspicuous issues with the Report have been covered by Dr. Scaria (here), Praharsh…


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

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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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SpicyIP Weekly Review (July 19 – 26)

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

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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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