Roche vs Cipla: A Patent Disappointment?

/ By / Patent

Given that the recent Roche vs Cipla decision was effectively India’s first post trial pharma patent ruling in a post TRIPS world, one might be forgiven for expecting a lot. Sadly, it disappointed…on several fronts. As I’d noted in an earlier post, the ruling suffers from serious jurisprudential flaws, with the Delhi High court effectively conflating issues of validity and infringement. A Mint article by CH Unnikrishnan encapsulates my views as below: “While many of us are happy about the […]

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Ever participated in a clinical trial? Perhaps.

/ By / Drug Regulation, Patent

The Supreme Court recently came down very heavily on the government about the lack of transparency in the manner in which clinical trials are conducted in our country. These observations were made during the hearing of a PIL (which the Supreme Court seems to be entertaining in increasing numbers!) filed by an NGO from Madhya Pradesh. For the section of our readers unfamiliar with what clinical trials are and how they work, clinical trials are a part of the R&D

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An anonymous comment in response to the DU Campaign against copyright law & publishers

/ By / Copyright

In response to the guest post by Chandana Anusha on the DU event – Who’s afraid of Copyright?, we received what has to be one of the most insightful comments that we ever received on the blog, so much so that it deserves to be published as an independent post on this blog. Unfortunately, the author of the comment has chosen to be anonymous and I’ve been unable to track him or her down despite my best guesses. In any

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A test case for India’s new safe harbour provision: AGS Entertainment v. 37 ISPs

/ By / Copyright

In the first of its kind case, after the enactment of the Copyright (Amendment) Act, 2012 the Madras High Court has passed an interim injunction against 37 Internet Service Providers in a qua-timet action by the producers of “Maattrraan/Brothers”, a Tamil movie starring Surya playing the role of conjoined twins. The plaintiff-producers were represented by A.A. Mohan and Associates.  A qua-timet action, is typically filed even before the infringement has taken place, on the apprehension that such infringement is going

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Karnataka High Court quashes Controller General’s order barring ‘Overseas Indian Citizen’ from practising as patent agent

/ By / Uncategorized

In an order dated the 25th of September, 2012 the High Court of Karnataka, situated at Bangalore passed a writ quashing an order of the Controller General of Patents, dated 22nd of February, 2012 which had ordered the removal of an erstwhile patent agent – Naren Thappeta from the Register of Patents, thereby barring him from practising as a patent agent under the Patents Act, 1970. The order can be accessed over here.  The petitioner was an Indian citizen at

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The perils of selective journalism

/ By / Innovation

Image from here Around two weeks ago, I received an email from Srinivas Rao, editor of Bio-Spectrum, asking me for permission to use some of the information that I had unearthed from CSIR using the RTI Act, 2005. The two specific posts that he wanted to refer to are: “CSIR finally discloses details of patent licensing: More than 400 patents licensed over last ten years” and “CSIR provides misleading information; aims to hide revenues from patent licensing”.  I obviously thought

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Defensive Patent Licensing: A way out of the Patent Quagmire?

/ By / Patent

[Warning: Long post that mostly reviews a paper describing a type of license which may reduce unnecessary patent litigation as well as promote an ‘open access’ approach. Actual review starts from below the dotted line. ] Who would’ve thought patent-wars could have become a topic of discussion amongst even those with traditionally no interest in ‘lawyery stuff’! Good or bad, one side effect that the Apple-Samsung fiasco has had, has been to turn the public’s attention span towards the topic

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Delhi High Court seeks to break the Myth of ‘Breaking Sports News’: New Delhi Television Ltd. v. ICC Development (Intl.) Ltd.

/ By / Copyright

[Image taken from here] In a very recent decision that promises to change the aspect of legally permissible ‘breaking news’, especially regarding sports events, the Delhi High Court has sought to lay down certain cogent principles which the Spicy IP team brings as follows for the benefit of the readers. [Warning: Long Post]   Case name: New Delhi Television Ltd. (Appellant) v. ICC Development (International) Ltd. & Another (Respondent) [(FAO) OS 460/2012]   Date of Judgment : October 11, 2012

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DU Photocopy Case: Who’s Afraid of Copyright?

/ By / Copyright

–> The Delhi University photocopy case, an unsavoury law suit that pits the interests of private publishing houses against the interests of students and educational establishments, was debated by us extensively in posts here, here, here and here.  At least as pleaded in the law suit, the alleged instances of copyright infringement pertain only to educational “course packs” and the vast majority of takings amount to no more than 10% of copyrighted material. We now bring you a guest post

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Guest Post: Exide v. Exide: Too much Exidement?

/ By / Trademark

Our regular guest blogger, Arun Mohan, a practising IP lawyer before the Madras High Court has sent us this very interesting post analysing in detail the recent Exide judgement of the Delhi High Court and its implications for Indian businesses. The case took fifteen years to come to a resolution and even that happened only after one set of lawyers were changed by one of the parties. It helped that the presiding judge was Justice Valmiki Mehta, an exceptional judge

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