Del HC hits a sixer: The Boundaries of Copyright and Cricket

/ By / Copyright

Our friends at Medianama have pointed us in the direction of one of the most superbly analysed IP judgments that I have read in a long time – Star India v. Piyush Agarwal (and other connected matters) The facts of the case are simple. Star India broadcasts matches organized by the Board of Control for Cricket in India (BCCI). The defendants update their subscribers with the score and fall of wickets through text messages (SMSes).  The Plaintiffs claim they have the […]

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Dangers of ex-parte interim injunctions, in full display, in patent litigation between Issar Pharmaceuticals and Ind-Swift

/ By / Uncategorized

Image from here Time and again, we have on this blog highlighted the dangers of ex-parte interim injunctions in cases of pharmaceutical patent litigation. For its part the Delhi High Court has been relatively restrained in granting such ex-parte injunction in pharmaceutical patent litigation. However, there have been occasions on which some judges of the High Court do grant such orders, with little adherence to Supreme Court precedents on the point.  In the present case of Issar Pharmaceuticals v. Vinod

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A successful academic intervention before the Supreme Court in the Novartis – Glivec patent case

/ By / Patent

Image from here As the arguments in the now epic Novartis case draw to a close before the Supreme Court of India, I’m glad to report that the bench, consisting of Justice Alam & Justice Desai, gave Shamnad a patient and receptive hearing in his role, as an amicus curiae or ‘academic intervener’ in Supreme Court parlance. As our readers may remember, Shamnad had filed an intervention application before the Supreme Court last year in order to provide academic assistance

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SpicyIP Weekly Review (November Week 3)

/ By / Uncategorized

With the country celebrating Diwali on 13 November, there have been a spate of public and Court holidays and as a result a much quieter week on the IP front. Prashant started us off by doing this very interesting analytical post on the treatment of patients with Hepatitis C with Pegasys. Questioning the small percentage of patients who actually could afford the high price of the drug, Prashant suggests that the business model of innovator companies may need to be

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Brainstorming the Copyright Amendments

/ By / Others

  As the dates for the 2 day conference on  the copyright amendments draw closer, here is reminder inviting all of our readers to this intense brainstorming session on the amendments, the various interpretative issues and their likely impact. Sai’s earlier post on this outlined the various themes etc, and here is a brief recap. ‘The Copyright Amendments, 2012: A fair Balance?’ will be jointly hosted by the MHRD IP Chairs at the National University of Juridical Sciences (NUJS) and

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IPAB on Payyannur Ring

/ By / Geographical Indication

[*Slightly long post] Background: The Intellectual Property Appellate Board (“IPAB”), in its recent order in SubhashJewellery v. Payyannur Pavithra Ring Artisans (“Order”), decided on an appeal made against the order passed by the Registry on 14.07.2009  in opposition proceedings No. GIR/TOP 2/347/09 granting Geographical Indication registration of Payyannur ring to 1st respondent/ applicant, Payyannur Pavithra Ring Artisans & Development Society. The appellant had earlier filed writ petition in the Madras High Court for quashing the order of Registry and restraining

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Sugen-Cipla litigation lands before the Supreme Court – Headed for controversy?

/ By / Uncategorized

Image from here As per reports in the ET and IE, the Supreme Court, acting on a petition by Cipla, has stayed the orders of the Delhi High Court which had stayed the Patent Office’s decision to revoke Sugen’s patent for Sunitinib.  As readers may remember, a Single Judge of the Delhi High Court had earlier temporarily restrained Cipla from releasing its generic version of Sunitinib, the decision of the Patent Office to revoke Sugen’s patent since Sugen had claimed that

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October 2012: Controller’s decisions at the IPO

/ By / Uncategorized

In the month of October, 2012 the Controller’s offices issued 97 decisions.  Out of these 97, 52 decisions were granted (including deferred, time allowed), 38 refused (including abandoned and withdrawn) and no file uploaded for the remainder (7).Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 1526/MUMNP/2006, makes for an extremely interesting read!  Others for section 3(d), 3(e) and 3(k) are also interesting. APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 1523/MUM/2008 HINDUSTAN ORGANIC CHEMICALS

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Estimating the number of Hepatitis patients treated by Roche’s Pegasus

/ By / Uncategorized

As Shamnad had earlier blogged, Roche’s patent on Pegasus now stands revoked by the IPAB. As discussed by Shamnad, the Pegasus patent is interesting for a multitude of reasons: it was the first pharmaceutical product granted to Big Pharma in India, it was the first biological to get patent protection and most importantly, there is no generic manufacturer of Pegasus.  What I find more interesting is estimate of the patient population infected with Hepatitis C virus. As per media reports

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Spicy IP Weekly Review (November Week 2)

/ By / Uncategorized

Image from here This week had started with a report on how the Tamil Nadu Handicrafts Development has sought to get the famous Pattamadai mats (Pattamadai pai from Tirunelveli district) and Nachiarkoil brass lamps (traditional lamps from Nachiarkoil in the Kumabakonam taluk in Thanjavur district) registered under the provisions of the Geographical Indications of Goods (Registration & Protection) Act, 1999. This was followed by Rajiv reporting on a notification issued by the DIPP on September 25, 2012 prescribing the rules

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