Patent

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

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A recent decision by Justice Prathiba Singh of the Delhi High Court, in the case brought in by Novartis AG against Natco this year, reiterates the black letter law regarding non-maintainability of infringement actions in respect of unregistered or revoked patents. Section 62(2) read with Section 11A(7) of The Patents Act, 1970 provides that “No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent…


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Patent

Del HC Vacates Interim Orders Restraining Dr. Reddy’s & Ors. from Selling AstraZeneca’s Ticagrelor

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On 8th August, the Single Bench of the Delhi High Court vacated the interim orders granted in favour of AstraZeneca (‘plaintiff’) preventing Micro Labs, Natco Pharma and Dr. Reddy’s Laboratories (‘defendants’) from selling, marketing or dealing with TICAGRELOR (an effective platelet aggregation inhibitor) or any other product violating the plaintiff’s registered patents- IN 907, IN 984 and IN 674. The case relates to two important issues, namely, selection patents and the difference between coverage and disclosure in a patent. The…


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Others

Mission Report: What is the Current Status of IPAB’s Website?

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Last week, I had reported that IPAB’s website was malfunctioning. It had been displaying untoward links that did not belong on a website run by the IPAB, or any other tribunal for that matter! My guess (based on gossip travelling around the grapevine) was that this was a successful hacking attempt, and nothing more. Indeed, this conclusion would sit well with current trends, with the there being at least 25 reported instances of successful hacking attempts of government websites only…


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Others

The Shamnad Basheer IP/Trade Fellowship with Texas A&M University School of Law [Apply by Sep 15]

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A picture of Prof Shamnad Basheer

Even as we continue to come to terms with the passing of Prof. Shamnad Basheer, it has been of some comfort to hear of the various initiatives and ideas that people have started considering to help continue carry his legacy forward, in both the IDIA community as well as the IP community. While we look forward to seeing many of these ideas bloom, we are pleased to bring to our readers news of one such initiative that has just been…


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Others

SpicyIP Fortnightly Review (August 11-25)

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This month, we received the tragic news of the passing away of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer. He touched the lives of all of us here at SpicyIP in innumerable ways and always encouraged us with our work at the blog on a day-to-day basis. His loss cannot be put into words, but we hope to honour his legacy by continuing the good work he started with SpicyIP. See the tribute penned for our blog by…


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Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations

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Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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Copyright

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act

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Carl Malamud is at it again, riling up copyright owners and setting the stage for yet another lawsuit on a fascinating copyright issue. His latest effort to ‘liberate’ copyrighted information from scientific publishers is an enterprising venture, called the ‘JNU Data Depot’ which is based out of the Jawaharlal Nehru University (JNU) and which was the subject of an excellent report by Priyanka Pulla in Nature. In the past, Malamud has provoked a firestorm of a debate in multiple jurisdictions,…


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Copyright

CJEU Ruling in Pelham v. Hutter : If Sample Recognizable, Then It Infringes, No Matter How Small!

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Recently, the Court of Justice of the European Union (CJEU) issued a ruling as relates to copyright in music. A short media summary of the ruling can be viewed here and the full text can be viewed here. The decision was issued in context of a song created by the group ‘Kraftwerk’. Kraftwerk claimed that that a song ‘Nur Mir’ used a small sample (2 seconds) of their work in continuous loop.  The CJEU held in Kraftwerk’s favour holding, “Sampling…


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Copyright Innovation

Should Indian Copyright Law Prevent Text and Data Mining?

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We are incredibly excited to bring to our readers a guest post by the fantastic Dr. Arul George Scaria, on one of the most cutting-edge developments in technological developments which implicate copyright law – text and data mining and their status under Indian copyright law. Dr. Scaria is an Assistant Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC). He is also an Affiliate Faculty of the CopyrightX program, which is a course offered…


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Copyright

Delhi HC Issues Dozens of Blocking Injunctions under the New ‘Dynamic Injunction’ Process, Asks Government to ‘Suspend Domain Name Registrations’

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The Delhi High Court, over the course of a dozen interim orders between July 27 and August 12, 2019, has issued website blocking injunctions for ISPs to block dozens of websites and their mirror/redirect versions, including popular pirate websites Tamilrockers and eztv. The orders are available here. The ex-parte orders, passed in suits instituted by Warner Bros. Entertainment Inc., compel nine ISPs to block the entire website URL’s for specific websites, and further grant the plaintiff’s ‘dynamic injunctions’, which allows…


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