Overlaps in IP

Foreign IP Law Firms Defying SC Ruling?


The issue of foreign law firms allegedly defying SC instructions in their practice in India was recently brought into attention by a complaint filed by Sumit Sinha, an advocate on record. The complaint was filed before the Bar Council of India, the Controller General of Patents, Designs and Trademarks and other authorities. It identified certain foreign law firms namely Zacco, Abu Ghazaleh, Mirandah Asia, United GIPS, Clydes and Anderson Global. Notably, all these firms have some sort of local presence in India…


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Overlaps in IP Patent

India’s IPR Regime Looks to Hi-Tech to Improve Administration – From Video Conferencing to AI and Blockchain


The IPR administrative offices form the backbone of the legal system of India’s IP regimes. The efficacy of the law depends, to a large extent, on how these offices manage their administrative tasks, which includes substantive evaluation of claims over IP, as well as tasks of effectively maintaining registries and public records. We have written, in the past, about many worrying aspects of their administration, such as non-transparent functioning of the Copyright Office, or the skewed incentives system within the…


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Drug Regulation

The Hindu Discovers That Indian Patients Have Not Been Informed of Bedaquiline’s Side-Effects


For the last 6 months, we’ve seen The Hindu reporting on bedaquiline, Janssen’s new experimental TB drug from various angles. There was the first set of reportage by Vidya Krishnan, which was mostly incorrect and possibly fake news. Then there was the opinion editorial by R. Prasad, a correspondent at the paper, who while noting the pending Phase III trials for the drug, recommended ramping up access to the drug. I’m not sure whether it is regular for health reporters…


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Others

SpicyIP Events: INTA’s Asia-Pacific Moot Court Competition 2018-19 [Singapore; March 1-2, 2019]


We’re pleased to inform you that the International Trademark Association (‘INTA’) is organizing its second Asia-Pacific Moot Court Competition, which is scheduled to take place in Singapore on March 1 & 2, 2019. The deadline for teams to register is November 2, 2018. For further details, please see the post below: INTA’s Asia-Pacific Moot Court Competition 2018-19 The Asia-Pacific Moot Court Competition will be open to law students from law schools that are located in the Asia-Pacific region and globally. This competition…


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Others

SpicyIP Weekly Review (October 15-21)


Thematic Highlight Continuing his hard-nosed commentary on the access to bedaquiline in India, Prashant wrote a post on the ethics of early access to the drug. Responding to R. Prasad, who argued that disallowing early access to bedaquiline was unethical, Prashant notes the several nuances that were missed out in the aforementioned piece. He argues that reducing the threshold of testing will allow pharmaceutical companies to push riskier drugs into the market without any responsibility for the consequences. He also…


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Copyright

Copyright Infringement Suits Invoking Right to Receive Royalty: Square Peg in a Round Hole?


We’re pleased to bring to you a guest post by Abhilasha Nautiyal and Aditya Gupta on the recent order of the Calcutta High Court wherein it directed Vodafone to deposit 2.5 crores in a copyright infringement suit filed by IPRS. Abhilasha and Aditya are attorneys at Ira Law, a firm that they have recently co-founded with other colleagues. Aditya was a part of a law firm for 7 years and more recently, an associate at the chambers of Mr. Amit Sibal….


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Others

SpicyIP Events: INTA’s 2018 Middle East and Africa Conference: Innovation, Investment, and IP [December 10-11, 2018; Dubai]


We’re pleased to announce that INTA will be hosting the 2018 Middle East and Africa Conference: Innovation, Investment, and IP on December 10-11, 2018 in Dubai. There’s an early bird discount being offered for those who register by October 19, 2018. For further details, please read the post below. International Trademark Association’s Middle East and Africa Conference to Explore How to Seize Opportunities and Protect Intellectual Property in Expanding Markets Tish Berard Public and private investment from India in the Middle East…


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Drug Regulation

The Ethics of Early Access to Experimental Drugs Like Bedaquiline That Have Not Yet Completed Phase III Trials


Following my criticism of an opinion piece in the Hindu by R. Prasad for his recommendation to ramp up access to bedaquiline without tackling the ethical issues regarding the flawed informed consent form for bedaquiline, he published a news report in yesterday’s Hindu on the ethics of denying early access to bedaquiline. Titled ‘Unethical to withhold bedaquiline while waiting for Phase III results’, he cites Dr. Karin Weyer at the World Health Organisation (WHO) who claims that it would be…


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Others

SpicyIP Weekly Review (October 8-14)


Thematic Highlight  Rishabh wrote a post on Twitter’s Terms of Service. In his post, he states that agreeing to the licensing clause in the Terms gives Twitter the license to use the uploaded copyrightable content in any manner they deem fit. He finds that certain portions of the clause would be found unenforceable under the law of assignment in India. He also points to the possibility of infringement of users’ moral rights since, under the Terms, Twitter is given the…


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Copyright Others

Delhi High Court Once Again Tackles the Issue of IP in Customer Lists – Delivers a Solid Judgment in Favour of Employees


An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are usually based in copyright law or contractual agreements that have clauses on confidentiality and restraints against post-employment competition. In a recent judgment by Justice Endlaw, in the case of Navigators Logistics Ltd v. Kashif Qureshi & Ors. the above issues are decided in favour of former employees in a…


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