GCIP2015: Leading Up To The GCIP: A Chat With Zakir Thomas

This post by Job Michael Mathew first appeared on the Global Congress 2015 Blog. With only a few more days to go for the 4th Global Congress on Intellectual Property and the Public Interest 2015 (“Congress”), we will be putting out a number of blog posts as a precursor of things to come. In this first series, Job Michael Mathew[1] approaches some of our keynote speakers for their thoughts on their work areas and contemporary developments in their fields. Mr. Zakir Thomas[2] […]

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GCIP2015: Leading Up To The GCIP: A Chat With Michael Geist

This post by Job Michael Mathew first appeared on the Global Congress 2015 Blog. Continuing the lead-up to the GCIP, the following discussion is with Dr. Michael Geist[1] Profile: Dr. Michael Geist is a law professor at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law. He will be giving a keynote address during the inaugural plenary session scheduled for December 15th. JMM: The UK recently made a major push towards open access

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GCIP2015: Leading Up To The GCIP: A Chat With Susan K. Sell

This post by Job Michael Mathew first appeared on the Global Congress 2015 Blog. After Mr. Zakir Thomas and Dr. Michael Geist, our third discussion is with Prof. Susan K. Sell[1]. Profile: Susan Sell is a Professor of Political Science and International Affairs at George Washington University where her teaching focuses on theories of international politics, international political economy and relations between the North and South. She will be giving a keynote address during the inaugural plenary session scheduled for

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SpicyIP Tidbit : Dr. Y.P.C. Dangey appointed Inquiry Officer in IPRS investigation

Although this comes in just a tad bit late, we have an important update for our readers post the Supreme Court’s dismissal of the Special Leave Petition filed by the infamous Indian Performing Right Society (IPRS) against the order passed by the Bombay HC, allowing the government to finally rip into IPRS’ unscrupulous affairs (I blogged about this here). As it appears, in a notification dated 14th August, 2015, the Central Government has announced the appointment of Y.P.C. Dangey – retired joint secretary

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Breaking News: Corrective (Anti) Copying Action in Roche vs Cipla

A rather remarkable development in the Indian legal space! In the first ever pharmaceutical patent trial case in India (Roche vs Cipla), judges accept the charge of plagiarism (they had copied parts of their initial summation of the lower court order). And then go on to apologise to the authors of the piece (from which their intern had liberally borrowed). Lastly, they expunge the “copied” paragraphs from their judgment. Hats off to Justice Nadrajog and Justice Gupta of the Delhi High Court

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SpicyIP Announcement: INTA’s 2016 Ladas Memorial Award Competition

SpicyIP is glad to announce that the International Trademark Association’s 2016 Ladas Memorial Award Competition is now open to students, professors and practitioners. Sponsored by the law firm of Ladas & Parry LLP, the Ladas Competition was established in memory of outstanding practitioner and author, Stephen P. Ladas. The award is presented every year for the best student and professional paper. Award winners will be announced in early March 2016. Eligibility: Student Category Eligible students must be enrolled as either full- or

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Copyright issues in Roche v. Cipla?

It turns out that aside from the myriad patent law issues involved in last week’s Roche v Cipla decision (see Rupali’s posts here: Part 1, Part 2), there may be some copyright considerations as well! It appears that paras 4 to 37 of the judgement are nearly identical to a 2013 note written in the Queen Mary Journal of Intellectual Property by Shwetasree Majumdar (co-founder of Fidus Law Chambers, also one of our former bloggers) and Eashan Ghosh (of S. Majumdar

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3(d) a patent eligibility provision: DHC in Roche v. Cipla

In Part I I’ve discussed the decision of the Division Bench of the Delhi High Court (DB) in the Roche v. Cipla patent infringement suit on the tests for obviousness and infringement of a patent. As explained, Cipla manufactures the drug ‘Erlocip’ which is a particular polymorphic form of the Erlotinib Hydrochloride compound (Polymorph B). Roche’s patent IN ‘744, on the other hand, is for the compound Erlotinib Hydrochloride (EH) which at the time of grant comprised of a mixture of two polymorphic forms (A

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Cipla’s Erlocip infringes Roche’s patent, finds DHC

Roche just scored its first big win in its long standing battle against Cipla with the Division Bench of the Delhi High Court (DB)  holding that Cipla’s cancer drug ‘Erlocip’ infringes Roche’s patent IN ‘774. This decision follows the Single Judge’s decision that that while Roche’s patent IN ‘774 was valid (the counter claim for revocation could not be proved), Roche was unable to prove through evidence that the alleged infringing product does, in fact, infringe their patent. In a comprehensive (but laborious)

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[SpicyIP Tidbit] Travelkhana lands in pickle ; sued for copyright and trademark infringement by IRCTC

It appears that the IRCTC (Indian Railway Catering and Tourism Corporation) has served a legal notice on Travelkhana – a popular train e-caterer – alleging copyright and trademark infringement by Travelkhana’s mobile app IR Catering . It claims that IR Catering is deceptively similar in the name, colour scheme and design to the IRCTC’s own mobile application – IRCTC Connect. In a notice sent to Travelkhana last week, the IRCTC demanded that Travelkhana take its app off Google Play and

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