MPP faces licensing issues

/ By / Patent

Image from Woody1778a We had earlier mentioned that the Medicines Patent Pool had gotten into an agreement with it’s first pharmaceutical company. However, it appears that there are certain problems with the licensing agreement, the interpretation and understanding of which is under dispute by two traditional heavyweights in this field. I-Mak released a briefing paper on the Implications of the MPP and Gilead licenses on Access to Treatment which addressed certain concerns that they had with the license; and Knowledge Ecology […]

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The Death of Safe Harbour for Intermediaries in India for Copyright Infringement? [Part II]

/ By / Copyright

Continuing from my previous post, in this post, I will cover the decision of the court in the case of MySpace v. Super Cassettes and its reasoning for the same. I will devote a section specifically to the issue of the interpretation of S.79 and S.81 of the IT Act which has a significant bearing on the immunity available to intermediaries for hosting content that infringes copyright. DECISION OF THE COURT I.                    Authorising infringement of works The court by making

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The Death of Safe Harbour for Intermediaries in India for Copyright Infringement?

/ By / Copyright

In this post, I will be covering the recent decision of the Delhi High Court in the case of Super Cassettes India Ltd. (SCIL) v. MySpace on the issue of intermediary liability for copyright infringement of works owned by SCIL (T-Series). For the discussion on the impact of this case on the liability of intermediaries in India for copyright infringement, you can go directly here. This was a decision that I, personally, have been eagerly awaiting since news of the

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A Small Step for Natco, a Giant Leap for Generic Drugs: India’s first Compulsory Licensing Application Filed

/ By / Uncategorized

In a landmark move, Natco Pharma has filed India’s first compulsory licensing application against Bayer’s patented drug Nexavar, which is used to treat liver and kidney cancer. The full ET Report which covers this is available here. Nexavar is presently available in the market for Rs. 2.85 lakhs for a one month’s course, against this Natco plans to sell its generic version, sorafenib tosylate, for just Rs. 8,900 for the same course i.e. at almost 1/32 of the cost. Approximately

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Guest Post: Bollywood continues to battle over scripts

/ By / Copyright

Tania Sarcar, a student at NUJS who has regularly guest blogged for us on the IP battles dogging Bollywood, over here and here, has sent us another post on a new dispute – this time over the movie Jail. IP squabble over ‘Jail’ By Tania Sarcar Another case involving the Film Writers’ Association has come to the forefront. This time it is in regard to Madhur Bhandarkar’s 2009 film – Jail. Surendra Tanwar, who is a scriptwriter, is set to

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QU-IP of the Week: Justice Floyd on Obviousness

/ By / Patent

Given that the IP community at large has several witty commentators and decision makers in its midst, we decided to initiate a new series called “Quip of the Week” (Quip also happens to contain “IP”, reason enough to pick this term). So what do we have for this week? A rather provocative statement from the Hon’ble Mr Justice Floyd of the UK Patents Court (Chancery Division), who, obviously aghast at the sheer obviousness of a patent, remarks at the end

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Landmark Judgment: SC issues guidelines for grant of ex parte orders

/ By / Uncategorized

The Supreme Court of India in a recent judgment, Ramrameshwari Devi & Ors. vs Nirmala Devi & Ors. has laid down guidelines for the grant of ex parte orders. We have earlier blogged about the indiscriminate nature in which courts have passed ex parte orders particularly in relation to the IPRS and PPL controversies. These can be viewed here and here and a little while earlier with respect to patent infringement cases as well. These can be here ,here and

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IIM-Calcutta in a Copyright Mess Involving Educational Courses

/ By / Copyright

It appears that even renowned institutions such as IIM-Calcutta cannot escape the claws of the copyright regime, with a private college, WLC College India Ltd., accusing the former of ‘intellectual property theft’ in relation to course material that was provided to IIM-C during negotiations for a joint-certificate course.  It is reportedthat WLC is planning legal action against IIM-C for copying the structure and syllabi of a special course that was designed by them. WLC has argued that there is merit

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"Manual of Geographical Indications Practice and Procedure" released

/ By / Uncategorized

The Office of the Controller General of Patents, Designs and Trademarks & Registrar of Geographical Indications has relased the “Manual of Geographical Indications Practice and Procedue”. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on 15th September, 2003. The Manual succinctly traces the evolution of GI, explores the concept of GI and context of  enactment of Geographical Indications of Goods (Registration & Protection) Act,

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Performing Wrongs

/ By / Copyright

As promised, we bring you a wonderfully incisive post from regular guest blogger, Nikhil Krishnamurthy who, in his inimitable style, exposes the jurisprudential fallacy underlying recent copyright decisions that have been blogged about here and here. More importantly, we have his take on the 1977 SC case and why it is fundamentally flawed. In short, a must read for anyone interested in the nuances of music copyright law in India. In the light of the judgments of the Bombay High

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