Health Ministry’s plans to compulsorily licence Dasatinib hits DIPP roadblock

/ By / Drug Regulation, Patent

News reports indicate that the Government has been treading carefully regarding decisions to compulsorily licence drugs. This is in the wake of severe criticism of the Indian IP regime from Big Pharma and a few first world countries, most notably the US. As per the report, the Government was considering granting compulsory licence to three drugs, and ultimately the decision boiled down to one drug- Dasatinib. Dasatinib is the cancer drug for which BDR Pharma’s application for a compulsory licence was rejected by the Indian […]

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Spicyip Tidbit: Bureaucracy may Cost the OSDD a Year of Funding

/ By / Innovation

The Times of India reports that the funding for the Open Source Drug Discovery (OSDD) project of the Council of Scientific and Industrial Research (CSIR) came to an end at the conclusion of the financial year that ended two days ago (we had blogged about the launch of the OSDD here and its progress here). This was shockingly due to the Ministry of Science and Technology sitting on a cabinet note that would approve their funding for well over six

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Journalistic Privileges and Regulation of Blogs

/ By / Others

(This post has been co authored with Gopika) The Internet, especially blogs, has become a powerful force in the distribution of information. This new medium challenges the way traditional media distributes and deals with information and news. Reminiscent of the bustling coffee houses, blogs are often centers of vigorous conversation and providecitizens with a platform to question and debate legal, social, economic and cultural events. In retaliation to transparency and effective distribution of news and information by blogs, corporate giants

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Delhi HC grants an injunction against Mindgym Kids Library for Infringement and Passing Off in a Trademark Dispute

/ By / Trademark

MIND GYM Ltd. v. MINDGYM KIDS LIBRARY Pvt. Ltd. Text of the judgement available here. The Delhi High Court recently (Mar. 21, 2014) granted an injunction against MINDGYM Kids Library Pvt. Ltd. in an action of passing off and infringement of the registered trademark MIND GYM held by UK based company MINDGYM Ltd. Facts of the Case: This was a suit for the grant of an injunction against the defendants for passing off and infringement among others regarding the plaintiff’s

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Enforcement Directorate swoops on violators of the Trademarks Act

/ By / Trademark

In an unprecedented move, the Enforcement Directorate has slapped money laundering charges on two Indian firms for violation of the Trade Marks Act. In April 2013, the Steel Authority of India (SAIL) lodged a complaint with the Chhattisgarh Police against two Raipur-based companies (Ms Alankar Alloys Pvt Ltd and Ms Pankaj Ispat Ltd) for manufacturing TMT steel bars for using the SAIL trademark without authorisation.  Our readers may be aware that under the Indian Trade Marks Act it is an offence

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SpicyIP Weekly Review: 24th-30th March, 2014

/ By / Others

SpicyIP brings to you the review of the week 24th-30th March, 2014. The story of the week is Gopika’s post on Novartis obtaining an injunction against Wockhardt  regarding the sale of a drug containing the active ingredient vildagliptin. The Delhi High Court held that  the three conditions for an interim injunction, namely, prima facie case, irreparable loss and balance of convenience were all in favour of Novartis in the instant case and thereby granted an injunction order against Wockhardt. The week began

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SpicyIP Tidbit: IPAB Stays the Revocation of Pfizer’s Patent

/ By / Patent

The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of tolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here. The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report,

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Phonographic Performance Limited v. Spring Club- copyright societies’ protection of members’ copyrights

/ By / Copyright

Recently, the Delhi Court issued an order in the matter  of Phonographic Performance Limited v. Spring Club, dismissing the Defendant’s application for rejection of plaint under O. VII R.11, CPC. The suit has been instituted claiming infringement of copyright under the Copyright Act, 1957. The Defendant has applied for rejection of plaint on the ground that the suit is barred by law and that the plaint does not disclose a cause of action against the defendants.The Court noted that it was a settled proposition

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2013’s Hard Hitting IP Developments – Input Requested

/ By / Others

IP developments in India have found themselves on a growing stage over the last few years. From being an area that only niche IP professionals concerned themselves with, IP in India is now slowly finding itself a more regular part of mainstream news. However, there is still much left to be desired in terms of coverage and analysis of these developments. Even on the blog, though we do try our best to put forth this coverage and analysis, we find

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SpicyIP TidBit: Anand & Anand, Saikrishna & Associates Win Accolades at Managing IP Global Awards 2014

/ By / Others

Managing IP, a leading source worldwide for developments in IP,hosted the ‘Managing IP Global Awards 2014’ on March 19th, 2014 in Dorchester, London. Two Indian firms picked up awards- Anand & Anand won the award for Best IP Prosecution in India, and the India Contentious Award went to Saikrishna & Associates. The winners were chosen by Managing IP’s team of editors and researchers based on the World IP Survey that they had conducted, also taking into account a review of market developments

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