SpicyIP’s Weekly Review -September (Week 1)

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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

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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!

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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

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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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NATCO sues Shamnad for defamation

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If we at SpicyIP ever needed validation of the strength of the blog and its wide readership, we just received it from the most unlikely sources – NATCO, a generic pharmaceutical company which sued Shamnad on the 13th of August, 2012 for allegeddefamation and libel with regard to certain statements he made on SpicyIP regarding its litigation strategy with BMS. The news has been reported in Legally India, Bar and Bench and LAOT.  With specific reference to SpicyIP, NATCO states

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Analysing the Delhi University v. Publishers Photocopying Case

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The on-going litigation between a group of leading publishers and a small photocopying shop attached to Delhi University has all the elements of a legendary ‘fair dealing’ debate. On one side we have Big Publishing (Oxford & Cambridge University Press along with Francis & Taylor) who argue that use of their intellectual and creative product require recompense; on the other, we have students (many of them from impoverished sections of society) who argue that gaining a functional education in India

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India: The high cost of filing a patent on a gene sequences

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Biotechnology is an extremely fast-moving field in which new products and services are developed from an increasingly complex and cumulative set of underlying technologies. Latest treatments to diseases come from biotechnology where sequencing genes, identifying individual gene functions and mutations, creating systems to selectively express, regulate or silence genes, predict protein structures and expressions, mapping the influence of genetic make-up on metabolism and / or otherwise analyzing vast amounts of genetic data. These many technologies contribute to the rapid pace of advancement in the life sciences

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A "Fair" Education in a Copyright World?

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Mainstream media in India has been abuzz with news of a copyright raid conducted against a small photocopy shop by leading publishers. The allegedly infringing material are course packs containing extracts from different books that are selected by the relevant faculty teaching the course at Delhi University. Students routinely procure these course packs from the local photocopier. The raid evoked sharp reactions from students and the academic community, with an FB protest page as well. Writing in Kafila, Lawrence Liang

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Guest Post: Securitization of IP – Part B

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Continuing from part 1 of her post on Securitization of IP, Nehaa Chaudhari writes about Securitization of IP : PART B (This is a continuation of an earlier post, wherein PART A introduced the concept of securitization and its invocation into the field of intellectual property rights while highlighting generic concerns with the same. This part deals with specific issues that need to be addressed, the rating conundrum and ends with a few concluding remarks, based on the discussion in both

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Guest Post: Securitization of IP – Part A

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SpicyIP brings you a 2 part guest post series on a topic we have spoken very little about on the blog – Securitization of Intellectual Property. Nehaa Chaudhari, a 5th year student at Nalsar University of Law, picks up this oft overlooked area and starts an interesting discussion on widening the market for security instruments tied to intellectual property. THE SECURITIZATION OF INTELLECTUAL PROPERTY (This has been split into two posts, PART A and PART B. PART A introduces the

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