Drug Regulation Patent

Why is the DCGI trying to implement a ‘patent-registeration’ linkage system in India?


The Drug Controller General of India – Dr. Surinder Singh – has made a public statement that he intends to link up regulatory approval for drugs to the patenting system i.e. he has gone on to record to state that the DCGI will not grant regulatory approval for generic drugs if in case the innovator drug still has a valid patent covering it. Such a move would severely delay the entry of generics into the market. (The Mint, the Business…


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The Parallel Import Debate in India: Some Concluding Thoughts


Section 107A(b) of the Indian Patents Act dealing with parallel imports has turned out to be one of the most contentious provisions on this blog. We had several posts covering this issue and one of them elicited more than 35 comments. I thank readers for engaging in this fascinating discussion which helped deepen my own understanding of this section. Surprisingly, many of our commentators never revealed their identity, making it impossible for one to see where they were coming from…


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Spicy IP Tidbit: Legal and Policy Framework for Equitable Access to Documentary Heritage


A press release from UNESCO states The National Mission for Manuscripts of India, in association with UNESCO, completed a research study to assist in the development of legal and policy framework and protocols for promoting equitable access to documentary heritage, relevant to India and other South Asian countries. Entitled Legal and Policy Framework for Promoting Equitable Access to Documentary Heritage, the study seeks to accurately identify and critically examine the legal and policy framework for promoting equitable access to documentary…


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SpicyIP Tidbits: IP in Free Trade Agreement


The Financial Express reports that Commerce Minister Kamal Nath is all set to make IP a part of the free trade agreement to be finalised by early 2009 between India and the European Free Trade Association (EFTA)- established in 1960 and comprising of countries such as Iceland, Liechtenstein, Norway and Switzerland. While earlier the EFTA and India had a joint study group, they now plan to move towards a broad-based trade and investment agreement after positive recommendations and feedback. This…


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Merck vs Roche: Towards Differential Pricing in India


SpicyIP has often lamented the lack of a robust differential pricing model by big pharma. As our earlier post demonstrated, Roche charges the same (or even more) in India than it does in the US and other “developed” countries! Granted there is the oft touted threat of “parallel imports”. However, I’m not sure as to the likely quantum of losses from such parallel imports into the more developed markets and whether such losses would be severe as to make serious…


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Drug Regulation

SpicyIP Tidbits: Allegations on Wrongful Promotion of Erlocip refuted.


Just recently, SpicyIP reported the allegedly wrong promotion of Erlocip as a drug that treats 4 forms of cancer, while this was supposedly possible. This matter was to be looked into by the DGCI. Now LiveMint that first covered this story, also has a scoop on the denial of this charge by Erlocip’s manufacturer Cipla. Responding to a letter seeking clarification from the DGCI, the Company through its CEO, has denied all allegations on merit and has stated that as…


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Trademark

IP controversy with the Sensex?!


In November 2007 SpicyIP had covered the attempts of the Bombay Stock Exchange to acquire trademark protection for the term “Sensex” the abbreviation for Bombay Sensitive Index. The BSE had applied for registration of trademarks under Class 36, 35, 41 of the Trade Marks Act 1999. As of November 7, 2007 Sugata Ghosh & N Shatrujeet of the Economic Times had come to the following conclusions explaining the sudden move towards IP protection: 1. Following standard practices as most corporates…


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SpicyIP Tidbits: Jyothi Datta on the Bayh Dole Bill and CII Event


Jyothi Datta, a very well respected IP and pharma journalist with the Hindu Business Line does her second report on the controversial Bayh Dole bill. We had blogged on her first piece here. For all our previous posts relating to the Bayh Dole controversy, see here. Her second report stresses that “The draft Bill needs a public debate to create the right environment for innovation protection and to ensure access to critical products developed through Government-funded research”. Interestingly, she mentions…


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Trademark

The story of the bribe-taker in the Trademark office


How often have you heard stories of hundred-rupee notes surreptitiously slipped into the inside flap of the folder slid across the table to that greasy-palmed government official in that dank office? And you have, no doubt, wondered if you will ever live to see the system change… For those of you who read the city pages of your daily newspaper carefully enough, will recall those three-centimeter, one column, stories of our investigative agency’s hunts, of many a guilty sarkari serpent,…


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Trademark

SPicyIP: Vodka Woes


To add some intelligent babble to your vodka evenings, the trademark tussle that has erupted between the vodka barons Bacardi and Radico Khaitan may make for some interesting conversation at your social sundowners. Indian Vodka enthusiasts long dependant on illicit Vodka imports from the Russian mafia are now spoilt for choice….. Radico Khaitan ‘Magic Moments’ (Get Buzzed Moments or Maabo Moments sounds better for a brand of Vodka I guess) and Grey Goose from the house of Bacardi all promise…


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