Copyright

SpicyIP Fellowship 2017-18: The “Charging Bull v. Fearless Girl” Controversy – Part I


We are pleased to bring to you a two-part guest post by our Fellowship applicant Kuhuk Jain. Kuhuk is a 4th year student at National Law University, Delhi. This is her first submission for the Fellowship. The “Charging Bull v. Fearless Girl” Controversy – Part I Kuhuk Jain Recently, New York saw an interesting copyright controversy regarding an art work, the Fearless Girl, placed near the Wall Street in opposition to another art work, the Charging Bull. The Charging Bull…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – III: Make Antitrust Great Again


Over the previous posts (here and here), I outlined the current state of pharmaceutical price control, and outlined inefficiencies inherent to the existing framework. Over the course of this post, I dive deeper into the harms caused by an ineffective price control regime, and outline more optimal policies to enhance access to drugs. Price control as a boogeyman The fact that price control in the drugs market today is entirely ineffective appears to be the subject of a careful cover-up…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – II: Cheating the consumer


Over the previous post, I summarised the events that led up to the current government’s ostensible decision to disband the National Pharmaceutical Pricing Authority and pave the way for a radical curtailment in the scope of pharmaceutical price control. While pressure groups such as the AIDAN, and other political agents (such as the Swadeshi Jagran Manch) have viewed the move as an egregious attempt to pull the rug from underneath the feet of patients, the question remains whether the DPCO was…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – I: Background and Context


Drug price control has been at the forefront of the Modi government’s electoral promises, which has been quick to claim “victories” on this front (such as the capping of stent prices earlier this year). Elsewhere, however, it has been noted that players within the government have expressed opinions against the expansion of price control, and have taken concrete action to strip the current price control mechanism of its bite. Over this post, I contextualise these events in the larger policy…


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Competition Law

CCI Order on Pharma Major Roche – III


CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – II (Continued…) (ii) Whether or not Roche group tried to influence regulatory authorities so as to deny market access to the Informants? (Paragraphs 66 – 74) The Informants submitted various letters written by the Roche group to regulatory authorities. The Roche group, vide these letters, raised concerns regarding the clinical trials undertaken by the Informants for biosimilars. It tried to create a perception that…


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Others

Appointments and Independence of the IPAB after the Finance Act, 2017


While the Commerce Minister Nirmala Sitharaman waxes eloquent about the government’s aim to have an efficient IP policy, the reality of the non-functioning Intellectual Property Appellate Board (IPAB) indicates that this government is no different from the previous UPA Government. The IPAB which hears appeals against the Intellectual Property Office, as also original revocation and rectification petitions against registered trademarks and patents, has been headless for over a year now after the last Chairperson retired. This problem has occurred several…


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Events

SpicyIP Events: FICCI’s Online Certificate Course on Competition Law & IPR


We are pleased to inform our readers that the deadline for registration for the May-June 2017 session of the online certificate course on IPR and competition law conducted by the Federation of Indian Chambers of Commerce and Industry (FICCI) has been extended till May 10, 2017. For further details, please read their post below: “About the Course Any business and legal decision of a modern day corporations are intertwined. As distinction between roles in the office of CEO and General Counsel…


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Competition Law

CCI Order on Pharma Major Roche – II


CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – III (Continued…) c) Whether or not Roche group holds dominant position within the relevant market? (Paragraphs 52 – 58) Roche Group introduced Trastuzumab under the brand name HERCEPTIN in the year 2002. In the year 2012, it withdrew HERCEPTIN from Indian markets and introduced cheaper versions of Trastuzumab, viz., BICELTIS and HERCLON. As highlighted by the Informants, till February 2014, there was no other…


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Others

SpicyIP Weekly Review (April 23-29)


Thematic Highlights We have three thematic highlights: Mr. Rajiv’s Post critiquing the UK Unwired Planet v. Huawei decision. Inika’s Post on the “Darzi” TM. Prashant’s Post on the constitutionality of the new “Well Known” marks registration procedure. Mr. Rajiv, critiquing the UK High Court of Justice (Patents), covers the following ground: i. After pointing out a large number of details and excerpts, he argues that patent portfolios are antithetical to the FRAND terms and promotion them is problematic on account of limited consistency…


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Trademark

Arnab Goswami’s Republic TV Finds Itself in the Eye of Yet Another Legal Storm; Times Group Claims That Arnab Is Not Entitled to Use the Phrase ‘Nation Wants to Know’


Regular readers of this blog may recall that we had blogged about the legal controversy surrounding the use of the word ‘Republic’ as the title of Arnab Goswami’s new show earlier this year. That controversy, which arose out of Subramanian Swamy’s assertion that the commercial use of the word ‘Republic’ is prohibited by the Emblems and Names Act can best be described as a ‘dog that did not bark’, inasmuch as Goswami decided to rename the show Republic TV to…


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