Copyright

Delhi High Court Holds Cable Operator Liable for Copyright Infringement; Imposes Punitive Damages Worth 5 Lakh


On this Blog, we have extensively covered the issue of the Delhi High Court’s tendency to award punitive damages without indicating the legal basis for such awards as well as the court’s propensity to grant such damages on the basis of the ipse dixit of the plaintiff without spelling out the methodology employed for arriving at a given figure. More specifically, we have noted how the court adopted a flawed arithmetic for awarding punitive damages in the Sholay case, the…


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Publication

Socio-Legal Review Launches Its Online Companion/Blog, the Socio-Legal Review Forum


We are pleased to inform our readers that the Editorial Board of the Socio-Legal Review has launched its online companion/blog, the Socio-Legal Review Forum. The Board’s announcement reads as follows: Since its inception in 2005, SLR has strived to further the discourse on the intersection of law and society. Over the past decade, it has provided both students and scholars a platform to engage with socio-legal matters relevant in the South Asian context. Since it became a biannual publication in 2012, it has produced a…


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Patent

SpicyIP Fellowship 2017-18: Del HC Upholds Interim Injunction Against Sale of Cipla’s Copy of Novartis’ Respiratory Drug ‘Onbrez’


We are pleased to bring to you a guest post by our Fellowship applicant, Shweta Rankhambe. This is her first submission for the Fellowship. In this post she discusses the Delhi High Court’s recent judgment upholding an injunction order passed by the Single Judge in 2015 which temporarily restrained Cipla from manufacturing and selling a generic version of Novartis’ patented respiratory drug ‘INDACATEROL’ (sold as ‘Onbrez’). The judgment is significant in that it acknowledges ‘public interest’ as a separate factor…


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Patent

Delhi HC Seeks Explanation for Denial of Xtandi Patent


The Delhi High Court passed a pertinent order on 2nd March, 2017 in the case of The Regents of the University of California v. Union of India (read the order here). While the order does not go into details, and merely directs the counter-affidavit to be filed within four weeks, media reports indicate that the Court has asked the Centre to explain on what basis the Indian Patent Office rejected the University’s patent application for Xtandi, their prostate cancer drug….


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Others Sponsored

SpicyIP Jobs: Research Fellows (Law) at CIIPC, NLU Delhi; Applications Close on March 15


We’re happy to remind our readers that the National Law University, Delhi (‘University’) is seeking to engage, on a contractual basis, three full-time RESEARCH FELLOWS (LAW) for the CENTRE FOR INNOVATION, INTELLECTUAL PROPERTY AND COMPETITION (CIIPC), at its campus in Dwarka, New Delhi. The deadline for sending applications is tomorrow, March 15, 2017. About the Centre: CIIPC was established in the year 2015 with the objective of contributing to academic and policy oriented dialogues in the areas of innovation, IP…


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Copyright

Publishers Release Public Statement on Withdrawal of DU Photocopy Case


As all of you already know, last week, the publishers (OUP, CUP and T&F) surprisingly withdrew the copyright infringement suit filed against DU and Rameshwari photocopy shop in 2012 for creation and distribution of course packs containing excerpts from their copyrighted books. While the reason for the withdrawal is not clear, it is heartening to note that the publishers, in a public statement released on March 9, expressed their intention to work “even more closely with academic institutions, teachers and…


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Others

SpicyIP Weekly Review (March 5-11)


The topical highlight of this week is Professor Basheer’s post on the decision of the Oxford University Press and other publishers to withdraw their suit against Delhi University and its photocopier, Rameshwari. Professor Basheer commences his analysis by noting that the verdict brings to an end a legal saga that dragged on for five long years and then shares a highly informative timeline of the case. He then notes how the Delhi High Court’s verdict, while protecting the interests of…


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Drug Regulation Others

Plain Apathy or Sheer Incompetence? Govt. Sets New Lows by Running Out of Child Anti-HIV Drugs


Roughly two years back, Kartik had brought up the role of non-IP factors, specifically government apathy, in impeding “access to medicines”. The discussion came up in the context of National AIDS Control Programme (NACO) facing reverses due to the dwindling of stocks of anti-retroviral medication. Two years hence, the government and its bureaucracy, in a shocking display of indifference towards the children living with HIV, have turned a blind eye towards the running out of stocks of syrup containing the…


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Others

SpicyIP Jobs: Research Fellows at ARCIALA, SMU (School of Law)


SpicyIP is happy to announce that the School of Law at the Singapore Management University (SMU) has an opening for up to two Research Fellow/Research Associate positions for its Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA). The details are as follows: Job Qualifications Advanced Degree in Law (LLM or Master of Law) from a reputable university required, preferably a PhD candidate with a topic related to intellectual property. Fluency in English required. Existing publication record in…


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Trademark

Trade Mark Rules, 2017 (Salient Features)


I write to bring to your notice the coming into force of the Trade Mark rules, 2017. It overrules Trade Mark rules, 2002. Let us look at a few of the salient features. Number of Forms have been brought down from 74 to 8 One can clearly understand the manner in which this has been carried about by comparing Schedule 2 of the 2002 rules and the 2017 rules. The 2017 rules opted for formats that could be used for multiple types of…


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