Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case

/ By / Patent

[This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law]. Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“CL”) for breast cancer medications, Ribociclib and Abemaciclib. In an affidavit filed before the …

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No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

/ By / Trademark

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here …

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Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit  

/ By / Patent

[This post has been co-authored with Swaraj Paul Barooah]. Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. (the defendant) to pay upwards of 81 lakhs (INR 81,44,925 to be precise) as damages to Strix Ltd. The decision is important on three counts- First, it is perhaps one of the rare decisions where the court has computed notional damage on a “reasonable royalty basis”; Second, it is one of …

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SpicyIP Weekly Review (October 23- October 29)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy After an illustrious career spanning more than 4 decades at the bar and bench, the doyen of Intellectual Property Rights, Justice Shripathi Ravindra Bhat retired as a Judge of the …

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Draft Rules for Geographical Indications Published, Comments Invited by November 19

/ By / Geographical Indication

The Ministry of Commerce and Industry (MoCI) published 2023 Draft Amendments to the Geographical Indication Rules 2002, in the Gazette of India on October 20, inviting objections and suggestions from the relevant stakeholders. The draft also calls for comments from stakeholders within 30 days of its publication in the Gazette. The Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) announced it on their website on October 27, 2023 i.e. …

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

/ By / Others

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. On this note, we are pleased to bring to you this …

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SpicyIP Weekly Review (October 16- October 22)

/ By / Copyright, Design, Patent, Trademark

[This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Deadline to File Comments/ …

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Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy

/ By / Others

After an illustrious career spanning more than 4 decades at the bar and bench, Justice Shripathi Ravindra Bhat retired as a Judge of the Supreme Court of India on October 20, 2023. Prior to his stint as a Supreme Court Judge, Justice Bhat served as the Chief Justice of Rajasthan High Court and as a Judge at the Delhi High Court. As remarked by Justice Sanjay Kishan Kaul in his speech here, Justice Bhat penned many notable judicial pronouncements touching …

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Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services

/ By / Copyright

[This post is co-authored with Swaraj and SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Can Over-The-Top (OTT) Streaming platforms be afforded the same legal protections for broadcasting as conventional mediums? After being answered in the negative by a single judge bench of the Bombay High Court in 2019, this question was once again answered in the …

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Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline to submit these comments. The relevant links to the present manuals and guidelines are given below:- For a quick background reading on some of the …

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