Patent

China Enters the Realm of Anti-Suit Injunctions in Standard Essential Patent (SEP) Cases


We’re pleased to bring to you a guest post by Dr. Enrico Bonadio (City, University of London – Fellow of the Innovators Network Foundation during 2019-2020), Dr. Luke McDonagh (London School of Economics – Fellow of the Innovators Network Foundation during 2019-2020) and Dr. Plamen Dinev (Goldsmiths, University of London), commenting on the recent Chinese decisions granting anti-suit injunctions in two SEP cases, one of which was discussed on the blog earlier this month here. China Enters the Realm of…


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Copyright COVID-19 Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II


In the first part of the post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina, Tunisia,…


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Copyright COVID-19 Overlaps in IP Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I


On 2nd October, 2020, India and South Africa issued a joint statement before the WTO TRIPS Council, with a request to waive “the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19.” This waiver, annexed with a draft decision for the WTO General Council, was requested to ensure that IPRs do not encumber the access to affordable medicines or R&D, manufacturing and…


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Patent

Only ‘Disclosed’ if ‘Identified’: IPAB Quashes Ceritinib Patent Revocation


An IPAB bench consisting of Chairman Manmohan Singh J. and the new technical member for Patents Dr. B.P. Singh has quashed the Controller of Patent’s decision that revoked Novartis’s patent on the anti-cancer drug Ceritinib. It held that while the compound was contained in a broader genus patent, it was not ‘disclosed’ therein, as it hadn’t been specifically identified. The 104-page order examines several issues regarding novelty and obviousness, the extent of coverage and disclosure, and timelines for filing of…


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Copyright Patent Trademark

SpicyIP Weekly Review (October 12 – 18)


Topical Highlight Delhi High Court Issues Anti Anti-Suit Injunction in InterDigital v. Xiaomi Patent Infringement Dispute In a guest post, Rajiv looks at the anti anti-suit injunction granted by the Delhi High Court (‘DHC’) against Xiaomi in the patent infringement dispute with InterDigital. He highlights that the court viewed the lis as not impacting the proceedings before the Wuhan Court concerning fixation of FRAND rates. He considers that Xiaomi should have pursued a different strategy than the one it adopted….


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Trademark

PLEX v. ZEEPLEX: Passing Off at the Last Minute


The multi-media conglomerate, Zee, has recently launched a pay-per-view service, ZEEPLEX. The service allows users to rent a movie from the platform by making a payment. This rent is valid only for 48 hours after the payment and the users can view the movie with their family within 6 hours of starting it. Zee seeks to make this platform “like a multiplex” and targets 50 million DTH subscribers. The platform, however, found itself in the midst of a passing off…


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Opportunities Publication

Call for Papers: NUALS’ Book on Sports and Intellectual Property Rights [Submit by November 30]


We’re glad to inform you that the Centre for Intellectual Property Rights at National University of Advanced Legal Studies (NUALS), Kochi is seeking papers for its book on themes relating to sports, e-sports and their interplay with IPR. The last date for the submissions is November 15, 2020 [The deadline has been extended to November 30, 2020]. Call for Papers: NUALS’ Book on Sports and Intellectual Property Rights | Submit by November 15 The Centre for Intellectual Property Rights is…


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Opportunities Patent Sponsored

LexisNexis’ Webinar on How Its Solutions Can Help with Patent Search and Drafting High Quality Non-Provisional Applications for IPO [October 29]


We’re pleased to inform you that LexisNexis is organizing a webinar on ‘How LexisNexis solutions can help with Patent Search and Drafting High quality Non-Provisional Applications for IPO‘ on October 29, 2020. For further details, please read the announcement below: Live Webinar: How LexisNexis Solutions Can Help with Patent Search and Drafting High Quality Non-Provisional Applications for IPO From corporate perspective the importance of patent activities is well known however in India, the role of patent activities was generally considered…


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Opportunities

Sixth Annual IP Mosaic Conference: The Arc is Hot!  Using IP to Further Social Justice [October 30-31]


We’re pleased to inform you that the Institute for Intellectual Property and Social Justice (IIPSJ) is organising the Sixth Annual IP Mosaic Conference virtually on 30th and 31st October, 2020. The Conference agenda, timings and order of presentations can be accessed here. Registration for the conference is free of cost and the link for online registration is available here. This year the Conference will host presentations by leading IP scholars and academics including Prof. Carys Craig, Prof. Irene Calboli, Prof….


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Competition Law Copyright Innovation Trade Secret

Non-Personal Data Governance Framework and Intellectual Property Implications


The Committee of Experts on Non-Personal Data (NPD) Governance Framework, constituted by the Ministry of Electronics and Information Technology released its Report on July 12, 2020. The Report purports to be a framework for governance of NPD, meant to grant access to NPD to industry players and the government for overarching public purposes. In order to increase the competitiveness of local and small enterprises and spur innovation, the Report is aimed at mandatory sharing of data to create economic advantages…


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