Guest Post: Part II – Protecting Parental Lines of Extant Hybrids in India

Contd. The Parental Lines case  by Mrinalini Kochupillai (Following the background in the previous post, the key legal issues discussed by the Registrar in the Parental Lines decision are explained here.) ‘Variety:’ Section 2(za) of the PPV&FR Act defines “variety”. Unlike under the UPOV model, the PPV&FR Actpermits an applicant to seek registration under one of four different categories: (i) New Variety (ii) Extant Variety, (iii) Farmers’ Variety; and (iv) Essentially Derived Variety. Only the first two categories are of […]

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Guest Post: Part I – Protecting Parental Lines of Extant Hybrids in India

A few months ago I came across an order of the Registrar of Plant Varieties on the internet. The order seemed to be quite important, given the names and the number of the parties who put up an appearance and to make an honest confession I couldn’t understand anything in the order because the subject was so complicated! Thus we set out in search for an expert and it just so turned out that one of our former bloggers, Mrinalini

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Roche vs Cipla: Pondering the Puzzle

The much awaited Roche vs Cipla judgment is out. And much like the Ayodhya judgment, it runs into innumerable pages, ensuring that only the most perseverant brave through it.  Rated as India’s first drug patent decision in the post TRIPS era (post trial), it marks an important watershed in Indian patent history. I have managed just one quick reading of the decision and will therefore offer very tentative observations and raise some questions. As Shouvik noted in his post here,

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OUP vs DU: A Simple Gutting of Copyright Defences?

Imagine yourself as a judge, blessed with legal acumen, integrity and what not. A case is brought before you, as below: A person (Ashok) walks upto a shopkeeper (Ravi) and demands money for allegedly patrolling Ravi’s store and offering protection from thieves and the like. Ravi protests stating that he did not appoint Ashok to render the said services. In fact, Ravi had no idea that Ashok was doing so, and importantly, Ravi’s locks and other security systems within the

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Govinda gooovinda! Closer look at G.I registry’s decision on Tirupati laddu rectification plea

The Tirupati laddu rectification application before the G.I Registry is a textbook example of an adversarial system of adjudication. The NIIST-CSIR Scientist, R.S. Praveen Raj who instituted the rectification proceedings failed to turn up for the hearing and this left the huge burden of disproving the validity of GI tag  undischarged. As expected, the Asst. Registrar of G.I Chinnaraja G. Naidu on July 30, 2012 dismissed the rectification application without much effort. The order further imposed a fine of Rs. 10,000/-

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Is this a ‘fair’ solution to the OUP/CUP-DU copyright infringement lawsuit?

After my post yesterday on the OUP-DU photocopying copyright infringement case, I received a very interesting email from the Managing Director of Cambridge University Press India Pvt. Ltd. – Manas Saika. In his email, Saika provides a rather simple solution to the current impasse at DU and which solution also appears to be quite affordable. For some reason, most newspapers or even the Facebook group set up by the DU students does not seem to carry any information on this

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SpicyIP’s Weekly Review -September (Week 1)

The weekly round up of notable IP developments in India and abroad for the first week of September is below. For our previous weekly round up, please click here.  DEVELOPMENTS IN INDIA  COPYRIGHT 1. EBC -Westtlaw/Indlaw Injunction: The publishing industry in India has witnessed a couple of important legal developments in the last few weeks. First, Eastern Book Company managed to secure an injunction  (copy available here) against Westlaw and Indlaw (legal databases used by practitioners, academics and students) from

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A differing perspective on the OUP lawsuit against DU

The Business Standard recently published an op-ed by me on the copyright infringement case filed by Oxford University Press (OUP), the Cambridge University Press and a third publisher against Delhi University (DU) and a photocopier located on DU’s campus. The op-ed can be accessed over here.  Amlan and Shamnad had earlier covered this issue in posts that are available over here and here.  A brief summary of the op-ed is available below, along with additional comments which could not make

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Breaking News: Roche-Cipla Verdict is out!

The readers of Spicy IP, who have been following the developments in the matter of F. Hoffmann La Roche Ltd. v. Cipla Ltd. (reported earlier here, here and here) , may be interested to know that the Single Judge Bench of the Delhi High Court has at last pronounced his verdict in this case. As per preliminary reports received, Roche’s patent of Erlotinib has been declared to be a valid one, while Cipla has been acquitted of the charge of having

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On the allegation of bias by NATCO

Image from here. Independent of the defamation issue, there is another issue that we need to discuss and that is the allegation by Natco that Shamnad’s opinions on its lawsuit against Bristol Myers Squibb (BMS) are biased towards BMS and that he has colluded with them. At some level, I guess this a professional hazard of running a blog. This is a very serious allegation and I am guessing that Shamnad is already taking steps to sue Natco for this

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