Category Archives: Patent

Patent

Pesticide Patents: Not ‘Working’ Out?

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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

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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)

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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

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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)

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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

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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

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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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Copyright COVID-19 Drug Regulation Overlaps in IP Patent Privacy Trademark

SpicyIP Weekly Review (June 28 – July 4)

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Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon…


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Patent Sponsored

[Sponsored] USPTO and LexisNexis Reed Tech Extend Their 50-year Partnership with a New 10-year Deal

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We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. For further details, please see the announcement below: USPTO and LexisNexis Reed Tech Extend their 50-year Partnership with a New 10-year Deal The United States Patent and Trademark Office (USPTO) has awarded LexisNexis Reed Tech a 10-year patent data and document management contract. Reed Tech has been a…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (June 21 – 27)

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Topical Highlight RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays? In this post, Nikhil analyses Recorded Music Performance Limited (‘RMPL’) becoming the first copyright society to be granted a registration with respect to sound recordings, nine years after the 2012 amendments to the Copyright Act. He notes that the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of works. He…


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