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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Guest Post: The New India Guidelines on Similar Biologics

/ By / Drug Regulation

The Government of India has recently announced certain guidelines regulating the approval of ‘similar biologics’ also known as bio-similars. The bio-similar market is going to be a huge market opportunity for the generic drug industry. Given the complexity of the products themselves, the regulatory regime for bio-similars is also rather complex. Since none of us on the blog had a detailed understanding of the guidelines, we invited our frequent guest blogger Mr. Christopher Ohly to write us a guest post

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Intellectual Property Rights: Infringement and Remedies – a book by Ananth Padmanabhan

/ By / Uncategorized

I’m proud to inform our readers that Ananth Padmanabhan, my friend and lawyer, has FINALLY, after four years, published his book Intellectual Property Rights: Infringement and Remedies (LexisNexis Butterworths Wadhwa 2012). Actually, in hindsight, four years is not a very long time to write a book, especially since I’m tried and failed to write a book in a much longer time span. Interested readers can buy the book from here at and there is a standard 10% discount for those

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More controversy during appointments to IPAB: Delhi HC rules against DIPP

/ By / Uncategorized

Image from here. In a decision dated 3rd October, 2012 the Delhi High Court in a judgment by Justice Suresh Kait has ordered the Department of Industrial Policy & Promotion (DIPP) to forward to the Appointment Committee of Cabinets (ACC) the final recommendations of the Selection Committee which had interviewed applicants for the position of Technical Member at the Intellectual Property Appellate Board (IPAB). The judgment can be accessed over here.  The Selection Committee, constituted by the DIPP, had initially

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SpicyIP Weekly Review (October Week 1)

/ By / Uncategorized

Top of the news this week is the decision of the Division Bench of the Delhi High Court which recognized the doctrine of ‘international exhaustion’ under domestic trademark law. The decision partially allowed the appeal against the order of the Single Judge in Samsung Electronics Co. Ltd. v. Kapil Wadhwa & Ors dated February 17, 2012. The Bench stated that an erroneous approach by the Single Judge led to an incorrect interpretation of the Trade Marks Act, wherein it was

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SC on the new drug policy

/ By / Uncategorized

The Supreme Court on last Wednesday gave the government a week to come up with a timeline for implementing its new drug-pricing policy. In the event of failure to comply with the Order, the Court will issue an interim order placing all the 348 medicines within the ambit of price-cap regime based on a product’s manufacturing cost. [See herefor Livemint report.] I blogged on the issue earlier. [See here.] The Group of Ministers (GoM), headed by Agriculture Minister Mr. Sharad

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India signs Nagoya protocol ahead of Hyderabad CBD meet

/ By / Biological Diversity

GoI yesterday announced that the Union Cabinet had approved the ratification of the Nagoya Protocol on Access and Benefit Sharing, which India had signed in May, 2011. The Nagoya Protocol, as we’ve written before was a step in the right direction, but a very small one. India, along with other countries like Brazil, is considered to be ‘mega-diverse’ and the Nagoya Protocol is expected to benefit such countries the most – or more correctly, to protect these countries which are most

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WIPO defers PPI observer status

/ By / Copyright

“Member governments of the World Intellectual Property Organization yesterday approved all but one application for international nongovernmental observer status at the UN agency: Pirate Parties International“. William New from IP-Watch brought this to the public’s attention yesterday in his piece entitled, “Delay Of Pirate Parties’ WIPO Observer Status Raises Questions.  This is indeed bound to raise many questions. There are currently about 250 members accredited with Observer status and a look at the eligibility requirements for the international NGO status that they

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The need for iron-clad enforcement of Section 8 disclosure requirements

/ By / Uncategorized

Ever since Justice Murlidhar’s order in the Chemtura judgment and Justice Sridevan’s subsequent order in Tata Chemicals, most patent agents have been filing almost all the relevant details regarding foreign patent filings, including the examiners reports generated by the USPTO, JPO and EPO. However this is not always the case. There are cases where the patent applicant is faced with a ‘lose-lose’ situation i.e. if he were to disclose the details of an adverse office action at a foreign patent office he

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