Others

SpicyIP Weekly Review (October 23 -29)


This week’s topical highlight is Balaji’s coverage of an MCI Notification that amended the  Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 to effectively make it mandatory for doctors to prescribe generic drugs, and preferably in capital letters. Balaji notes numerous unsuccessful approaches in the past to mandate generic prescription, that failed due to varying reasons such as concerns of drug quality, and the unavailability of generic drugs. He then effectively summarises the prospects for the implementation of…


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Overlaps in IP Patent Trademark

Three Birds, One Stone: Inphase Power Technologies v. ABB India


In a fascinating case before the Karnataka High Court: Inphase Power Technologies v. ABB India (read the order here), Justice P.S. Dinesh Kumar passed an order confirming the misappropriation of confidential information, patent infringement, and hold your breath – trademark infringement as well! Not to be left out, there were arguments advanced of alleged copyright infringement too, which were ultimately not taken up by the Court. This case is significant due to the parties involved, as there is an ongoing…


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Patent

Industry Funding and Bias (I): Some Personal Reflections in the Aftermath of the Mashelkar Massacre


Reddy vs Ragavan Industry funding into academic spaces has always been a bone of deep contention. Little wonder then that we’ve had sharply divergent views on this blog in the recent past. While Prof Srividya Ragavan cautioned against industry funding into the academic space on account of the potential for bias/industry capture, Prashant Reddy thinks it’s perfectly kosher; in fact, he goes on to endorse a greater infusion of industry funding into this space. The Mashelkar Massacre: While I’m no…


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Others

Reminder: Call for Applications for SpicyIP’s New IP Case Law Team


As announced last week, SpicyIP is forming a new IP case law team to provide quick summaries of recent IP cases and is inviting applications from law students and lawyers for the same. The deadline for applications is October 31, 2016. Who are we looking for? We are looking for a total of 3-4 law students/lawyers who can prepare quick summaries of about 3-4 IP orders/judgments each per week for a minimum period of six months. Please note that the process…


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Drug Regulation Patent

MCI Gives Generic Prescription A Shot in the Arm


Commentators have lamented the lack of a mandatory generic prescription regime in India, with some even pointing to a perceived nexus between pharmaceutical manufacturers (“innovator” companies, to be precise) and doctors, with the former offering incentives to the latter for prescribing branded drugs. Through a notification [MCI-211(2)/2016(Ethics)/131118] dated 21 September 2016, published in the Gazette of India on 8 October, the Medical Council of India has amended the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002. The amendment…


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Patent

Some Trends in Pharmaceutical Patent Infringement Actions


      We are happy to bring to you a guest post by Mr. Sandeep K. Rathod. Sandeep is a lawyer with extensive experience in the pharmaceutical space. The views contained in this post are his personal and do not necessarily reflect the views of his current or past employer.     Some Trends in Pharmaceutical Patent Infringement Actions Sandeep K. Rathod Why has Pfizer filed a case against A. Gandhi and D. Rawal? Or why had Bayer IP sued Mr….


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Copyright

A Strange Delhi High Court /judgment on DTH Broadcasting and Copyright Law


In a news report published in the Mint yesterday, Priyanka Mittal and Harveen Ahluwalia reported on a mind-boggling decision of the Delhi High Court in a lawsuit filed by Gulf DTH FC LLC, a Dubai based company against Dish TV India. In short, a company from the UAE, which had exclusive broadcasting rights for certain channels in certain foreign territories sued Dish TV for selling its Set Top Boxes (STB) and subscription to thousands of consumers in these territories. Rather…


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Copyright

The Pure Joy (Anand) of Creativity: The Story of India’s First “John Doe”


2.00 am. 3rd June, 2002. Nizamuddin East, New Delhi. 3 sleepless nights in a row and my body was beginning to give way. No food…no sleep…and the intellectual excitement around IP was beginning to wane. I dreamt of greener pastures. For I’d just been admitted to the University of Oxford for my masters. And couldn’t stop thinking of the better life that waited on yonder shore. After the slavish rigours of law firm life, what a refreshing change this would be!…


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Others Trademark

Brosnan’s ‘Pan’demonium – The Right of Publicity and a Possible Contractual Breach


Pan Bahar’s new advertisement featuring Pierce Brosnan was met with much incredulity, leading to his ridicule on social media. Brosnan reacted to the advertisement only about a week after it aired, to which Pan Bahar has now responded – leading to the present controversy. Brosnan told People that he was “deeply shocked and saddened” about his alleged endorsement of pan masala. He apologised, explaining that he has the “greatest love and affection for India and its people”; and clarified that…


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Others

SpicyIP Weekly Review (October 16-22)


The topical highlight for this week is Rahul’s coverage of CSIR Director’s call to its affiliated laboratories to refrain from ad-hoc and unprincipled patenting of their inventions without undertaking a techno-commercial and legal evaluation. The Director admonishes both the reluctance of labs to find suitable licensees as well as their neglect in renewing the patents once the concerned scientist retires. He also points out that, given the high filing costs incurred by CSIR, approximately to the tune of 56 crores,…


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