SpicyIP Tidbit: Xiaomi Appeals Injunction, Allowed to Sell Devices

/ By / Patent

In a spicy twist to the battle raging on in the Delhi High Court between Xiaomi and Ericsson, a new Division Bench order provides some respite for the former. Xiaomi had appealed the injunction that was granted against it ex-parte by a Single Judge bench on the 8th of December this year. The Division Bench orders, as can be gathered from the information available here, that Xiaomi is allowed to sell its devices in India, subject to a number of […]

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Call for Papers – NLIU Journal of Intellectual Property Law

/ By / Others

The NLIU Journal of Intellectual Property Law has released a call for papers for it’s 4th edition: “The Cell for Studies in Intellectual Property Rights, National Law Institute University, Bhopal is pleased to announce the call for papers for the fourth issue of its journal: NLIU Journal of Intellectual Property Law. The journal, published annually, is a student run, faculty regulated, peer reviewed law journal. It aims to create meaningful debate and discourse to help build a fair and equitable regime of Intellectual

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Govt refuses to entertain Cipla’s request for revocation of Novartis Onbrez patents

/ By / Patent

In a crucial turn of events, according to TOI, the health ministry stated that Cipla’s petition does not make a compelling case for revocation of Novartis’ Onbrez patents. As readers may remember last month Cipla had launched a low cost generic version of Novartis’ Indacetorol marketed under brand name Onbrez, a drug used to treat chronic obstructive pulmonary disease. Cipla had further petitioned to the DIPP and argued that chronic obstructive pulmonary disease has reached “epidemic” proportions and the Central

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USTR Concludes its First Out-of-Cycle Review: Special 301 Review to follow

/ By / Others

The Office of the United States Trade Representative (USTR) issued a press release on Sunday stating that the first Out-of-Cycle Review had concluded for Fall 2014. The USTR observed that India had made ‘useful commitments’ recently to “institutionalize high-level engagement on IP issues, to pursue a specific work program and to deepen cooperation and information exchange with the United States on IP-related issues under the U.S.-India Trade Policy Forum.” The press release also states that the USTR will commence its

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Access Copyright Announces New Offers to Copy Works at Educational Insitutions

/ By / Copyright

Last week Access Copyright came up with new offers for sharing literary works for educational and professional purposes with post-secondary educational institutions. Access Copyright is a Canadian copyright licensing agency that represents the authors and publishers of literary works and collects revenues on their behalf. When educational institutions sign up with the organisation, the professors and students are permitted to selectively copy copyrighted works. Access Copyright charges a base rate per full-time student for this license, which is usually passed

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Spicy IP Belated Weekly Review (1st to 7th December, 2014)

/ By / Others

Spicy IP Highlight of the Week! The Spicy IP Highlight of the Week was Swaraj’s post on the dubious IPR think-tank which was constituted in November this year; what makes the think-tank dubious is that the members of the think-tank majorly are primarily corporate sector representatives and two of them lack IPR expertise. Further, while the think-tank had invited comments from interested persons in respect of a draft IPR policy for India, there was no draft made available to the

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Breaking News!! SC dismisses Bayer’s SLP against India’s first CL

/ By / Patent

And India’s first compulsory license survives the entire journey through the Indian legal system! The Supreme Court today dismissed Bayer’s Special Leave Petition against the decision of the Bombay High Court upholding the grant of a compulsory license for Bayer’s anticancer drug Nexavar. This represents a hat trick for Natco, who have won all three appeals at the IPAB stage, High Court stage and now, the SC. Here is the text of the SC order: UPON hearing the counsel the

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Mylan gets green light to export HIV drugs to Venezuela

/ By / Patent

At a time when the DHC is coming under the scanner for some controversial ex parte interim injunction orders in high stakes disputes, it is heartening to read a well reasoned order by the AP/Telangana HC in the patent infringment matter between Bristol-Myers Squibb (BMS) and Mylan over anti-retroviral drug ‘Atazanavir’. On 5th December, Justice A. Rajasheker Reddy rejected an appeal against the trial court decision denying the interim injunction application, noting that the applicants failed to demonstrate a prima facie case. [Warning: Long

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SpicyIP Highlights: September-December, 2014

/ By / Copyright, Innovation, Others, Patent, Publication

2014 has been a great year for SpicyIP! We’ve enjoyed the latter half in particular, as we’ve been able to bring you several high impact developments – several not being mentioned in the mainstream media till after our analysis, and some not reported in MSM at all! As we continue our journey through the last month of 2014, we felt it would be worthwhile to recap these posts from September till date for our readers. As it would be impractical to

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Latest on IP Think Tank: Stale questions and answers at the Rajya Sabha

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

As Voltaire said “Judge a man by his questions rather than by his answers”. This an effective yardstick atleast for judging our Parliamentarians who are vested with a lot of power to question and scrutinize. But are they really asking the right questions? The national Think Tank to draft an IPR policy for India, which was recently appointed by the Government of India, has been mired in controversy. As Swaraj reported here and here, the appointment of this think tank

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