Patent

Lighting Up Injunction Jurisprudence: US v. India

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 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!

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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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Copyright

Breaking News: Supreme Court Refuses IRRO Appeal in DU Photocopy Case

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A Supreme Court bench consisting of Justices Ranjan Gogoi and Navin Sinha refused to admit the IRRO appeal. Asking their counsel (Mr SC aggarwal) as to how their special leave petition (SLP) to appeal is even maintainable. Given that the original suit filed before the Delhi high court had been withdrawn by the publisher plaintiffs (OUP etc) and the IRRO was merely an intervenor in the lower court proceedings. Justice Gogoi appeared upset with the petitioners, berating them for “wasting…


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Designs

Carlsberg v. Som Distilleries: Beer meets design law in an interesting judgment

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In a judgment running into 119 pages, Justice Vipin Sanghi of the Delhi High Court has declined to grant Carlsberg an interim injunction in a composite lawsuit filed for design infringement and passing off against Som Distilleries, the manufacturers of ‘Hunter’ beer. The winning side was represented by Senior Advocate Pratibha Singh, briefed by Kapil Wadhwa. Apart from denying an interim injunction, Justice Sanghi has referred a question of law to the Chief Justice on the grounds that the judgment…


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Others

SpicyIP Weekly Review (April 30 – May 6)

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Our topical highlight of this week is Balaji’s 3-part analysis of the ‘policy schizophrenia’ that he argues plagues pharma price control. In his first post, Balaji sets the tone for his analysis by highlighting the sharp divergence between the government’s grand promises of controlling the prices of essential medicines and its actions on the ground. He then grapples with the conduct of the National Pharmaceutical Pricing Authority in its role as the administering authority for the Drug Price Control Order,…


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Copyright Innovation

Copyright on the Blockchain? Collection Societies Team Up With IBM to Prototype a New Rights Management System

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Blockchain is the buzzword among new industries looking to leverage a technology which has recently been labelled by the Harvard Business Review as a ‘foundational technology’, with ‘the potential to create new foundations for our economic and social systems.’ The music industry seems keen to put this promise to the test. Recently, three of the largest member-owned music collection societies in the world, namely the American Society for Composers, Authors and Publishers (ASCAP); the Society of Authors, Composers and Publishers…


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Copyright

SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part II

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In Part I of this post, our Fellowship applicant Kuhuk Jain analysed whether the placement of Fearless Girl in opposition to Charging Bull amounts to infringement of copyright or moral rights of the latter’s creator, Arutro di Modica, under the US copyright law. In Part II, she analyses this issue under the Indian copyright law. SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part II Kuhuk Jain Continuing from the previous post on the controversy surrounding Fearless Girl…


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Copyright

SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part I

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We are pleased to bring to you a two-part guest post by our Fellowship applicant Kuhuk Jain. Kuhuk is a 4th year student at National Law University, Delhi. This is her first submission for the Fellowship. The “Charging Bull v. Fearless Girl” Controversy – Part I Kuhuk Jain Recently, New York saw an interesting copyright controversy regarding an art work, the Fearless Girl, placed near the Wall Street in opposition to another art work, the Charging Bull. The Charging Bull…


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Competition Law Patent

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

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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

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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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