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SpicyIP Weekly Review (August 9 – 15)


Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as…


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Patent

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed


Logo of FMC

The Delhi High Court in a judgment last month allowed FMC Corporation’s (‘FMC’) interim injunction application against Natco Pharma Ltd (‘Natco’) and Best Crop Science LLP (‘Best Crop’). The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. It is one of the most significant patent disputes to have…


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Patent

Ensuring Access to TB drugs: Is Compulsory License the Way?


This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here.  [Note: Long post ahead] Ensuring Access to TB drugs: Is…


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Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?


Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035. The Report does propose a bigger picture, but fails short of…


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SpicyIP Weekly Review (August 2 – 8)


Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he…


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Opportunities Others Publication

Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]


We’re pleased to inform you that the National Law Institute University (NLIU), Bhopal has recently established the International Trade Law Journal and is inviting abstracts for papers for the inaugural issue of the same. For further details, please read the post below. Call for Papers: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31] About the Journal The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions…


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Patent

Dapagliflozin Patent Receives Another Blow: Same Old Coverage-Disclosure Story


Last month, the Delhi HC refused to interfere with two orders by Shakdher J. and Gupta J. denying injunctions to AstraZeneca against 9 generic drugmakers manufacturing its anti-diabetic drug Dapagliflozin. While the issues and arguments are largely the same as the earlier order I discussed in November, the court has made some interesting observations about the nature of a patentee’s exclusive right. An important point the court made was to reprimand the appellants for bringing two different sets of suits…


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Privacy

Madras HC on the Right to be Forgotten: A Welcome Development? (Part II)


We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law.  Part I of the post can be viewed here. Madras HC on the Right to…


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Privacy

Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)


We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Madras HC on the Right to be Forgotten: A Welcome Development? (Part I) Sriya Sridhar…


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SpicyIP Weekly Review (July 26 – August 1)


Topical Highlight A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System In a guest post, Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. He notes the list of recommendations in the Report while highlighting the pro-industry nature of the same. The post focuses on three methodological flaws in the Report. Dr. Scaria points out that the Report lacks focused questions of enquiry…


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