SpicyIP Scholarship: Paper on the Novartis Patent Case and Section 3(d)


We’re happy to inform our readers that two of our blog members (Prashant Reddy and me) have just completed a draft of an article analysing the Madras High Court judgment in the Novartis case. We focus in particular on the TRIPS compatibility and “constitutionality” of section 3(d) in this paper. I’m copying the abstract below. If you need to access a copy of the article, please click here. Once the page opens, scroll down and click the “download the document…


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Launch of Indian Kanoon: Shedding light on Andhakanoon!


SpicyIP is really happy to announce the launch of “Indian Kanoon”, a fabulous online resource (and free of cost too, just like SpicyIP!) for Indian judgments. Started up by a vibrant computer science student at the Univ of Michigan, Sushant, this will prove really valuable in legal research. It will also go a long way towards ensuring better access to court’s judgments by the general public and more robust public participation–again something that SpicyIP is passionate about promoting. Indian Kanoon…


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Trademark

Brittania gets the better of Unibic in Court: Not Having Such a "Great Day" After All!


We bring to you a guest post from Kruttika Vijay , a brilliant fourth year law student from NALSAR, Hyderabad, one of the India’s premier law schools. I greatly enjoyed reading her note, and am sure you will too. It deals with the controversial and highly entertaining issue of comparative advertising. And centers around on a recent case where an Indian court had injuncted a comparative advertiser. As many of you may know, Indian ad’s are some of the most…


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Roche vs CIPLA Patent Litigation: An Update


An update on what is going on in this high ticket litigation that will set the tone for pharma patent litigation in India: Apparently, Roche’s application for an ex-parte interim injunction did not even contain the complete specification of the patent!! They merely filed a copy of the patent certificate issued–as anyone familiar with patents knows, the certificate merely lists the title of the invention and the inventor’s name etc. It does not contain the “claims”, “description of invention” or…


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Herbal Cure for Diabetes II Granted Patent


Coming as they do with a pronounced sweet tooth, the people of Rajasthan have discovered an Indigenous cure for Diabetes Mellitus… a bit of a paradox alright! Perhaps the fetish for the syrupy, sweet and savory called for an antidote with the rising incidence of Diabetes Mellitus across the State and the Country. Even the Dal Bhatti in the local Jaipur food joint is laced with sugar so fine, that my south Indian palate cannot distinguish between the main course…


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Geographical Indications (GIs) make their mark in Bihar & Orissa


Bihar and Orissa are two of the most disturbed and impoverished states in India. Usually wracked with perennial law and order problems whether it be Marxist rebels, caste violence or tribal movements, it is heartening to note that these states seem to have woken up to their Intellectual Property Rights especially Geographical Indications. As SpicyIP has already discussed extensively a GI is the protection given to a reputable product, either man-made or natural, if the applicant can conclusively prove that…


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Bajaj-TVS Patent Dispute: An Update from the Supreme Court


J Venkatesan of the Hindu (one of the foremost legal correspondents in the country) reports that the Supreme Court of India has asked TVS Motor company not to book further orders for its motorbike ‘Flame’ till January 29″. However, it could execute the orders already received. Which essentially means that the Supreme Court has reinstated the position that prevailed under the judgment of the single judge of the Madras High Court. Readers will recollect our tracking of this case in…


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Patent

Indian Patent Grants in 2007


BrainLeague carries some very useful figures of patent grants in 2007. 1. The Indian Patent Office granted 12,119 patents in the year 2007. The table below shows the monthly break-up of patent grants in INDIA for the year 2007. 2. HLL, Honda Giken and Samsung took first three places with 391, 252 and 211 patent grants respectively. CSIR, BASF, Qualcomm, Sliverbrook, Matsushit, Intel, IIT’s and EI DU Pont are some of other top grantees (in the top 10). INDIAN PATENT…


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Roche Sues CIPLA Over Tarceva Patent


As predicted, Roche files a suit against CIPLA before the Delhi High Court. In an earlier post, we touched upon this foolhardy “infringement” strategy by CIPLA. CIPLA went around announcing to the press that it was hell bent on infringing the patent. Making such announcements doesn’t leave one with much of leeway when arguing that the patent owner should not be granted a favourable injunction. As one knows, a temporary injunction is a discretionary relief, and the judge looks into…


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Is Indian Patent Law TRIPS Compliant?


Daniel Poppy of PharmAsia, a recently launched pharma publication that we blogged about earlier, carries this interesting story on India and TRIPS compliance. I was interviewed for this piece (If you’re interested in the complete text of all the answers that I gave him, please continue reading after the extracts below). I reproduce some extracts from this excellent article below–for a full version, please see here. “PhRMA Vice President, International Affairs, Geralyn Ritter characterizes India’s IP protection as “inadequate and…


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