Online Session on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ [September 27]

by SpicyIP September 22, 2020

We’re pleased to inform you that the Hidayatullah National Law University (HNLU), Raipur, in collaboration with CAN Foundation, is organising an online session on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ at 11:30 A.M on Sunday, September 27, 2020. For further details, please read the announcement below Webinar on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ | September 27 Hidayatullah National Law University, Raipur in collaboration with CAN Foundation is all set to organize an enlightening…

SpicyIP Weekly Review (September 14 – 20)

by Adyasha Samal September 21, 2020

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Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11, and 35 had obtained the injunction by concealing the fact that a director of the Defendant owned a similar mark ‘SUJATA’ under class 11 since…

Patent

Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay

by Adyasha Samal September 18, 2020

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Latest in the Ibrutinib patent saga is IPAB’s order maintaining the interim stay over the revocation of the anti-cancer drug patent. This comes at an interesting time, as a recent report by I-MAK suggests that US-based Biopharma Company AbbVie might be attempting to build a patent wall around Imbruvica (Ibrutinib’s market brand), having secured 88 patents out of 165 applications filed. Imbruvica currently generates a whopping $4.5 billion a year for AbbVie. In India, Pharmacyclics LLC (owned by AbbVie) had…

Patent

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part II)

by Adarsh Ramanujan September 16, 2020

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[Disclosure: I represent/have represented clients on related and unrelated issues. Views expressed here are personal.] In Part I, I had summarised the U.K. Supreme Court’s ruling in the Unwired case. In this Part II, I share my critique of the judgement. While I have several comments, I have restricted myself to the principal ones for the present platform. Must a FRAND license always be global? At 1st glance, the U.K. Supreme Court’s judgment suggests that a FRAND license must always…

Patent

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part I)

by Adarsh Ramanujan September 16, 2020

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[Disclosure: I represent/have represented clients on related and unrelated issues. Views expressed here are personal.] In a recent landmark ruling, the U.K. Supreme Court (here) dismissed the appeals filed by implementers of technical standards, i.e. Huawei, ZTE, against standard essential patent (SEP) holders, i.e. Unwired and Conversant. This is a well-known dispute and has previously been covered by this blog here, here, and briefly touched upon here. In this Part I, I will focus on summarising the ruling, reserving my…

Opportunities Publication

Call for Papers: NUALS Intellectual Property Review (Vol. 3) [Submit by Dec 15]

by SpicyIP September 15, 2020

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We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the third volume of the journal. The deadline for submissions is December 15, 2020. For further details, please read the call for papers below: Call for Papers: NUALS Intellectual Property Review (Vol. 3) The NUALS Intellectual Property Law Review (ISSN 2582-4244) is a peer-reviewed, double blind and open access journal, operating under the aegis of the Centre for Intellectual Property Rights (CIPR), NUALS. The…

Trademark

A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine

by Praharsh Gour September 14, 2020

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In an interesting scenario that perhaps adds to the mounting pile of evidence of ex-parte interim injunctions being problematic, the Delhi High Court on 9th September, 2020, modified an ex-parte interim injunction order after finding that the plaintiff concealed material facts during the hearing. The initial order had estopped the defendants, Sujata Electronics (defendant no. 1), its manufactures (defendants no. 2 & 4), and its dealers (defendant no. 3) from manufacturing, importing, selling any products under the mark ‘SUJATA’. And…

SpicyIP Weekly Review (September 7 – 13)

by Adyasha Samal September 14, 2020

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Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…

Trademark

Much Ado about ‘Use’: UK Decision Rekindles Debate under Indian Trade Mark Law

by SpicyIP September 12, 2020

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We’re pleased to bring to you a guest post by Yash More and Hitoishi Sarkar, discussing the Indian courts’ interpretation of what constitutes ‘use’ while adjudicating upon disputes concerning prior use of trademarks in light of the recent UK decision in MERCK KGaA v. MERCK Sharp. Yash and Hitoishi are 2nd year students at Gujarat National Law University, Gandhinagar. Introduction In May this year, the UK High Court of Justice in MERCK KGaA v. MERCK Sharp, while ruling on an…

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films?

by SpicyIP September 11, 2020

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We’re pleased to bring to you a guest post by Tanvi Sehgal, discussing the impact of the Covid-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings and proposing an amendment to the cinema hall exception to the provision on mandatory royalty sharing under the Copyright Act in light of this shift. Tanvi is a guest faculty at the Faculty of Law, Delhi University, where she recently submitted her PhD thesis titled ‘Revisiting…

Nivedita Krishna { Who owns data become important to answer the question who must protect the data. Therefore, this article is well founded as are its research references. }
Amit Tailor { " none of the prior art carry sequence similar to that of CDRs of 5C4 antibody, and Section 3(d) is not applicable to novel compounds." Discussion on Section... }
{ why patent application status is not available at IPO }
Praharsh Gour { Dear Anon, Well, I cannot speak for the Supreme Court, but as far as my understanding goes, the strict compliance with Section 8 is done so that the... }
asrao { In my opinion this step by India is unwarranted. Do not need it for medicines & vaccine and will not work on medical devices. }