Neon Laboratories v. Medical Technologies – First in the market, or first to the registry?

/ By / Trademark

The case of Neon Laboratories v. Medical Technologies came up to the Supreme Court through an appeal from the judgment of the Gujarat High Court on the matter, which had confirmed the Trial Court’s grant of injunction in favour of Medical Technologies Ltd. (‘MT’), against Neon Laboratories Ltd. (‘NL’). MT had filed a suit against NL for injunction, damages and account of profits, on the basis of allegations of passing off. The post discusses the facts and issues of the […]

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Announcement of IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship instituted by CUSAT

/ By / Others

Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is pleased to announce Two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2016. IUCIPRS has instituted this Fellowship to encourage teachers interested in IP research in India to spend minimum of two months during summer (April to June) at IUCIPRS undertaking research work in IP. Eligibility: Applicants shall be a teacher in any University/College in India for less than 10 years. Preference shall

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Guest Post: The National IP Policy which is generic, obvious and lacking in originality

/ By / Copyright, Innovation, Others, Patent, Trademark

Hot on the heels of the alleged leaked final draft of the National IP Policy that I posted about this morning, Prashant Reddy comes out with a scathing commentary on it. Without further ado, let’s get straight to it! The National IP Policy which is generic, obvious and lacking in originality Author: Prashant Reddy There’s been a mistake. The link that Swaraj provided in his previous post on the alleged final draft of the National IP policy (leaked by another blog) took

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Final IP Policy draft leaked!

/ By / Copyright, Design, Geographical Indication, Innovation, Others, Patent

[15/10/2015 Update: As reported by LiveMint — DIPP Secretary Amitabh Kant clarifies that this is not the final policy, only the final draft as submitted by the IP Think Tank. He says that the Government will make the final policy and it’ll be announced in 30-45 days. Presumably this means that internally comments are being made on the final think tank draft. It’ll be interesting to see what changes are made by the Government on this final draft by the

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SpicyIP Weekly Review ( 5th – 11th October)

/ By / Others

Our SpicyIP Highlight of the Week is definitely Shamnad sir’s post on Merck’s victory in the Delhi HC’s recent ruling barring Glenmark from selling a generic version of Merck’s patent-protected anti diabetic drug, Sitagliptin. He holds this up as the perfect counter to the unfair patent bias that the US has been known to associate with India. He then goes on to chronicle the significant aspects of the judgement – the Court’s reversal of an incorrect proposition on patent infringement

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NSE v. Moneywise.com defamation case: examining the new legal standards

/ By / Others

In an attempt to moderate the skewed power and resource balance between individual journalists/bloggers and powerful corporations (characteristic of SLAPP litigation), in relation to defamation lawsuits, the Bombay High Court through its decision in the NSE v. Moneywise Media Pvt. Ltd. case has titled the balance slightly in favour of journalists/bloggers. Though this decision has already been stayed, the standards it sets are significant to examine with respect to civil defamation. Our blog too has faced SLAPP suits: Shamnad’s Natco

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SpicyIP Tidbit: New IPR Policy in 2 months

/ By / Others, Overlaps in IP

Earlier this week, ET quoted DIPP Secretary Amitabh Kant as saying that the Indian government would be announcing a “completely new” IPR policy in the next two months that would be “one of the finest” in the world. The context of the announcement is as important as the unsaid implication that the current IP policy suffers from some sort of malaise – Kant was responding to a representative from German industry complaining that India’s current regime “hampers growth”. As regular readers

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Questionable Witnesses and Unquestionable Reasoning: Observations on Merck v. Glenmark

/ By / Patent

Wednesday saw the Delhi High Court deliver judgement (PDF) in Merck v. Glenmark, a two-year-long patent infringement case concerning Merck’s patented anti-diabetic Sitagliptin (marketed under the brand name Januvia). This represents the first judgement on merits to decide the fate of a Dipeptidyl Peptidase-4 (DPP-4) inhibitor, a class of drugs that are becoming increasingly significant (both from an economic and a public health perspective) in a country of more than 60 million diabetics. Shamnad culled out the key takeaways from

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A “Madhu” Victory for Merck: Busting the Patent Bias Myth!

/ By / Patent

Does India Suffer a Patent Bias? Clearly not! At least if one were to go by the Delhi High Courts’ recent ruling vindicating Merck’s patent (covering an anti diabetic drug, Sitagliptin) and restraining Glenmark from manufacturing and selling a generic version of the same.  Will the Modi government now please flaunt this decision to our US counterparts who’ve been ranting against the Indian IP system? Here is a Mint piece by Shreeja Sen and others highlighting the salient aspects of this decision;

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Passing off : Descriptive mark must have acquired ‘secondary meaning’, merely showing ‘prior user’ not enough

/ By / Trademark

In a recent matter before the Bombay HC – Pidilite Industries Ltd. And Anr vs Vilas Nemichand Jain And Anr – the Court considered the question of whether, in an action for passing off in relation to a descriptive mark, upon establishment that the plaintiff was a prior user and that the mark had obtained reputation and goodwill, this will ipso facto entitle the plaintiff to an injunction against passing off. The suit was ultimately dismissed by the Court on

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