Oops, the Delhi HC did it again: Claim that they have no jurisdiction for to hear Archie

/ By / Copyright, Trademark

The Division Bench of the Delhi High Court has once again delivered a judgment interpreting the interplay between Section 134 (2) of the TM Act/ 62(2) of the Copyright Act vis-a-vis Section 20 of the Code of Civil Procedure. The case, Archie Comic Publications Inc. v. Purple Creations was decided through a judgment of Justice Mukta Gupta and Justice Vikramjit Sen. The facts in this case are as straightforward as they come: i. Archie applied for registration in India under […]

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SpicyIP Tidbits: Zandu to go for an out-of-court settlement?

/ By / Uncategorized

Readers will remember the tid-bit on Emami serving a legal notice alleging copyright infringement on the makers of Dabangg for the use of word Zandu in the song Munni badnam hui. Turns out that the FMCG Emami is now open for an out-of-court settlement with Sree Astavinayak and Arbaaz Khan Productions. As ET reports here, Arbaaz Khan, producer of Dabangg said :  “We are in a dialogue with them (Emami), hopefully, all will be settled without any issue. When asked

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Trends in ‘Oppositions’ against Pharmaceutical Patents

/ By / Uncategorized

The amendments to the Patent Act, 2005 created a dual opposition mechanism before the Patent Office i.e. the pre-grant opposition mechanism and the post-grant opposition mechanisim. Thanks to the digitization of the Opposition decisions it is possible to analyze some basic trends in the strategies of the generic pharmaceutical industry in filing such oppositions. The analysis below pertains to only those oppositions which have been decided by the Patent Office and the accuracy is completely contingent on the patent office

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The Pegasys Compulsory Licensing Puzzle?

/ By / Uncategorized

Pegasys earned the distinction of being one of the first MNC pharma patents to be granted in India in the wake of the 2005 amendments. The drug (pegylated interferon for treating Hep C virus) underwent a very hard fought post grant opposition filed by Wockhardt, an Indian generic major and Sankalp, an NGO. And came away unscathed after Controller Madhusudhanan found it to be valid. His decision is easily one of the most nuanced patent decisions, where he carefully reviews

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Spicy IP Trivia : Access to Specialized Patent Information by WIPO

/ By / Uncategorized

In an attempt to foster innovation and increasing access, especially for the developing and least-developed  countries,WIPO has launched the Access to Specialized Patent Information (ASPI),partnering with LexisNexis, Minesoft, ProQuest, Questel, Thomson Reuters, and WIPS. This program is aimed at providing free and low-cost access to comprehensive patent information. Mr David Brown, President of IP Solutions,Thomson Reuters says : “Some have said that necessity is the spark for innovation, but in many cases necessity may not be enough. Intelligent information, however,

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Spicy IP Tidbit: WIPO Launches One-Stop Search & Reference Tool for IP Laws and Treaties

/ By / Uncategorized

In the age of digital databases and online resources, the WIPO has made an important contribution of its own by launching WIPO Lex, a wonderful resource available online, carrying a host of information on national intellectual property laws, legislations, treaties and conventions. More importantly, the interface is clean and simple, with a country-wise search bar that draws up a list of not only purely IP, but also IP-related information. This screenshot shows the results for India/Copyright using the search bar.

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SpicyIP Tidbit: New Guide on Searching for Medicine Patents

/ By / Patent

Tahir Amin (Co-founder of I-MAK) on behalf of the World Health Organization (South-East Asia and Western Pacific Regions) has written a very useful step-by-step guide on searching for patents on medicines. Given that procuring generic medicines is no longer free from IP considerations, this guide could be especially useful in developing countries. The guide is also an attempt at filling the void on material on this subject. The guide, titled “How to Conduct Patent Searches for Medicines” introduces beginners to

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SpicyIP Tidbit: Suo moto powers of the IPAB & the ‘Tirupati Laddu’ GI

/ By / Uncategorized

One our regular commentators Mr. Praveen Raj, a trademark/GI activist, had earlier petitioned the Intellectual Property Appellate Board to cancel the Tirupati Laddu GI. The full text of the petition which can be accessed over here, on his blog, lists out the grounds on which the GI may be cancelled. More interestingly Mr. Raj requested the IPAB to invoke its suo-moto powers under Section 27 of the GI Act. The IPAB however replied to Mr. Raj’s petition informing him that

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Spicy IP Tidbit: Health Ministry set to resolve Patent Linkage Question for Drug Marketing Approval Once and for All

/ By / Drug Regulation

For the Indian pharmaceutical industry, it may seem that Christmas has arrived a little bit early this season. The industry has always relied heavily on the marketing of generic drugs since its inception. Its job was not made easier by the governmental requirement for the patent status of a generic drug to be disclosed before it could be granted marketing approval. When an application is made by a medical company to the Drug Controller General of India (DCGI) for such

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Breaking News: Matrix Restrained from Infringing Roche’s Cancer Patent

/ By / Patent

Tarceva, an anti cancer molecule that created patent history in India (for inter-alia ushering in “public interest” into Indian patent jurisprudence) continues to make legal waves. And big ones at that. Over the last few years, this molecule has been the subject of multiple legal proceedings in India, with a full fledged patent infringement trial ongoing between Cipla and Roche before the Delhi high court; a counterclaim against Roche’s patent validity pending with the very same Delhi High Court; a

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