Govt. in favour of compulsory licensing only in cases of emergencies


The ET reports that the Government is in favour of using compulsory licensing only in emergencies. The report quotes a senior official of the DIPP (which controls the patent office) as saying “We are not in favour of CL unless there is an extraordinary problem. There is no point in going in for CL unless there is an epidemic which impacts a large chunk of the population, and needs immediate solution “. When asked whether a disease like cancer qualifies…


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SpicyIP Tidbit: IPR and the Government


The DIPP has launched an ambitious 300 crore plan to revamp IPR implementation mechanisms and to sensitize stakeholders. This will entail:1. Setting up a state-of-the-art trademark registry office in Ahmedabad.2. Enhancing the infrastructure capacities of the existing trademark office in New Delhi.3. Setting up a National Institute for Intellectual Property Management at Nagpur. Senior Commerce Ministry officials have stated that there is a need to raise levels of IPR protection as more multinational players enter the markets. Secondly, as our…


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Uncategorized

SPICY IP TIDBIT: CIPLA Strikes Again!


CIPLA, after its recent victory in the Delhi HC is all inspired to spread its wings out further. As per a recent report in The Hindu, CIPLA is all set to sell a generic version of Deferasirox. Deferasirox, originally a Novartis drug, is sold internationally under the Exjade brand name and is useful for treatment of iron overload that occurs due to blood transfusions. It is therefore particularly useful for patients suffering from thalassemia and other such conditions. As per…


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Uncategorized

Dancing to a New Tune: Permanent Injunction by the Madras HC on Staging Dance Ballet


Most of you may have read the recent report in The Hindu about the Madras High Court’s permanent injunction in the Dance Ballet case. My apologies for the delay in covering this… the reason for my tardiness is that I wasn’t able to get my hands on a copy of the judgment – I still haven’t gotten it, but am basing the below legal analysis on the facts that I could gather from various sources, particularly the report in The…


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Spicy Tidbit: Report shows heavy losses plague entertainment industry


The USIBC (US India Business Council) has released a study titled “The Effects of Counterfeiting and Piracy on India’s Entertainment Industry” prepared by Ernst and Young which shows that the industry loses Rs. 16,000 crores and 8,00,000 jobs every year to theft and piracy. The policy study was commissioned by the USIBC and FICCI as part of their Bollywood-Hollywood initiative and has been funded by the Global Intellectual Property Center of the U.S. Chamber of Commerce. FICCI Secretary General Dr….


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Copyright

The Music Industry looks to the IP scene for better protection.


Business Standard reports that there have been more than 13000 cases in the last 7 years- only for music piracy- in the country. This would include cases of mobile chip piracy, performance right violations and the like. India ranked 10th in the list of countries affected by piracy and with the current boom in the mobile entertainment segment, its market would encompass over 300 million users. However, now the Indian Music Industry is geared to fight back. Though lack of…


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SpicyIP Tidbit: Spanish Court Upholds Pfizer’s Lipitor Patent


Continuing with “the mother of all patent challenges”, the Spanish front seems to spell fortune for Pfizer. Earlier in 2007, a Spanish Court upheld Pfizer’s basic patent covering the calcium salt of atorvastatin, the active ingredient in Lipitor but invalidated a patent on a stabilized enantiomer formulation that includes atorvastatin. It appears that the Court of Appeals in Barcelona has reversed the lower’s court’s decision and has upheld the enantiomer patent as well which is due for expiry only in…


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Roche and Compulsory Licensing: What’s Sauce for the Goose is Sauce for the Gander


We had blogged on the compulsory licensing (CL) implications of the recent Roche vs CIPLA judgment here and here. While Roche may fret and fume about the judgment and how it effectively grants “compulsory licenses” to infringers such as CIPLA, it may well turn out to be the beneficiary of a compulsory license in the US! Readers will recollect our earlier post on the US position on temporary injunctions. We reproduce bits of that as background for those not familiar…


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Foreign pharma may adopt differential pricing at last


Unnikrishnan of the Mint recently reported that foreign pharma companies are finally ‘mulling’ over whether to adopt differential pricing for their drugs in India. The foreign drug makers plan to offer these medicines at different tiers of prices for government supply, patient access programmes, hospitals in rural areas and non-profit organizations, said an official with the Organisation of Pharmaceutical Producers of India (OPPI), an industry body that chiefly represents foreign drug firms present in India. The discussions are at an…


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Roche vs CIPLA: "Public Interest" Imported into Indian Jurisprudence


Readers may recollect an earlier post on the recent Roche vs CIPLA decision, where we point to the fact that the Delhi High Court order refusing to injunct CIPLA effectively paves the way for “judicially created” compulsory licensing norms in India. So how does Indian law on this point compare with the US? The key distinction appears to be that while US courts explicitly factor in “public interest” whilst deciding whether to grant an injunction (restraining order) or not, Indian…


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