Copyright Patent

The Press Release Journalism Around the GIPC IP Index


It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Others

SpicyIP Weekly Review (February 5-12)


This week’s thematic highlight was Balaji’s amazing post on injunctions in matters of public interest. Commenting on the Delhi High Court’s recent order in Bayer v Ajanta, he first relies upon Bayer’s Form 27 filings for 2013-16 to note that Bayer hasn’t been working its patented drug ‘vardenafil’ in India. He points out that Bayer only noticed possible infringement of its patent in 2016 and began to sue offending manufacturers; including the defendant Ajanta in the present suit. Successfully relying upon Franz Xaver Huemer v….


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Copyright

Kerala Police at it Again: Embarks on a Massive Anti-Piracy Drive


The Anti-Piracy Cell (‘APC’) of the Kerala police, often in the news in the past for its strong anti-piracy enforcement drives, is again in the limelight for the arrest of two of mobile phone traders and seizure of pirated copies of copyrighted Malayalam movies. The incident does not seem to be a one-off event and the police have reportedly decided to carry similar drives all across the state. The APC seems to have been on their toes throughout the end…


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Copyright

New Lancet Study about Deaths by Litchi Fruit Raises Questions about Misappropriation of Indian Science Research


In a development that raises a number of profound and fundamental questions about the phenomenon of Indian science research being misappropriated without proper attribution, a study recently published in the Lancet has identified the consumption of the litchi fruit as the causative factor responsible for the death of scores of young boys in the Muzaffarpur region of Bihar. Published by India’s National Centre for Disease Control and the India Office of the Center for Disease Control and Prevention in Atlanta,…


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Patent

Bayer v. Ajanta: DHC Erects New Jurisprudence on Public Interest for Injunctions


On 20 December 2016, Justice RK Gauba of the Delhi High Court heard an interlocutory application under Order 39 Rules 1 and 2 of the CPC filed by Bayer Intellectual Property GmbH in a suit concerning IN225529 (3275/DEL/1998) against Ajanta Pharma Ltd. Bayer asserted that the patent covered vardenafil, a drug used to treat erectile dysfunction, and that Ajanta was manufacturing and selling the drug under its brand Valif. IN225529 The suit patent claims the compound, its derivatives, and pharmaceutical compositions containing…


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Trademark

Trademark Protection amidst the Jolly LLB 2/Bata Controversy


  The State v. Jolly LLB 2 (“Jolly LLB 2”) isn’t having an entrance as cheerful as one would expect from its title, as it seems to have found itself in the middle of several legal issues. While their run in with the censor board was recently resolved, I will be focusing on the question of trademark disparagement, infringement and dilution with regards to their spat with Bata. Background Although the Central Board of Film Certification (“CBFC”) had cleared Jolly…


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Others

SpicyIP Ranked 3rd in List of Top 15 IP Blogs: But Anti-IP?


We are extremely delighted to inform our readers that SpicyIP has been ranked 3rd in a list of top 15 IP blogs published on BuzzFeed last month. The note on SpicyIP reads as follows: “3.SpicyIP This Indian blog was founded by Prof. Shamnad Basheer in 2005, and is run by analysts and fellows who are dedicated to providing incisive posts in the field of intellectual property rights, with the website being constantly updated with regular posts to reflect the ever-changing…


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Others

Announcing the 5th SpicyIP Fellowship 2017-18!


Itching to write? On an exciting IP topic of your choice? What are you waiting for? Apply immediately to become a SpicyIP Fellow! Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. We are now pleased to announce the 5th edition of the SpicyIP Fellowship for 2017-18.    SpicyIP Fellowship 2017-18 For those of you new to the blog, the SpicyIP fellowship is a coveted position for those seeking to make…


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Others

SpicyIP Weekly Review (January 29 – February 4)


Our topical highlight this week is Ritvik’s 2-part analysis of TRAI’s recent tariff order on the rights of broadcasters under the Copyright Act. In the first part, he sets forth the central features of the Order, the principal aim of which is to impose an obligation on broadcasters to provide the MRP of their channels on a-la-carte basis. Thereafter, he explains the key objections that broadcasters have raised as regards the legal tenability of the Order. Relying on a Delhi…


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Patent

First ever TRIPS amendment enters into force to formalise Para 6 system


In previous posts, we have blogged about the so-called Paragraph 6 System, which reconciles an apparent tension between the competing objectives of protecting patent exclusivity and ensuring access to healthcare in Least Developed Countries (LDCs). Article 31 of the TRIPS governs uses of a patented invention without the authorisation of the patentee. In simple terms, Article 31 regulates the issue of Compulsory Licences by states party to the TRIPS. Article 31(f) clearly provides that CLs shall only be issued “predominantly for…


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