Copyright

The Music Industry looks to the IP scene for better protection.


Business Standard reports that there have been more than 13000 cases in the last 7 years- only for music piracy- in the country. This would include cases of mobile chip piracy, performance right violations and the like. India ranked 10th in the list of countries affected by piracy and with the current boom in the mobile entertainment segment, its market would encompass over 300 million users. However, now the Indian Music Industry is geared to fight back. Though lack of…


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SpicyIP Tidbit: Spanish Court Upholds Pfizer’s Lipitor Patent


Continuing with “the mother of all patent challenges”, the Spanish front seems to spell fortune for Pfizer. Earlier in 2007, a Spanish Court upheld Pfizer’s basic patent covering the calcium salt of atorvastatin, the active ingredient in Lipitor but invalidated a patent on a stabilized enantiomer formulation that includes atorvastatin. It appears that the Court of Appeals in Barcelona has reversed the lower’s court’s decision and has upheld the enantiomer patent as well which is due for expiry only in…


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Roche and Compulsory Licensing: What’s Sauce for the Goose is Sauce for the Gander


We had blogged on the compulsory licensing (CL) implications of the recent Roche vs CIPLA judgment here and here. While Roche may fret and fume about the judgment and how it effectively grants “compulsory licenses” to infringers such as CIPLA, it may well turn out to be the beneficiary of a compulsory license in the US! Readers will recollect our earlier post on the US position on temporary injunctions. We reproduce bits of that as background for those not familiar…


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Foreign pharma may adopt differential pricing at last


Unnikrishnan of the Mint recently reported that foreign pharma companies are finally ‘mulling’ over whether to adopt differential pricing for their drugs in India. The foreign drug makers plan to offer these medicines at different tiers of prices for government supply, patient access programmes, hospitals in rural areas and non-profit organizations, said an official with the Organisation of Pharmaceutical Producers of India (OPPI), an industry body that chiefly represents foreign drug firms present in India. The discussions are at an…


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Uncategorized

Roche vs CIPLA: "Public Interest" Imported into Indian Jurisprudence


Readers may recollect an earlier post on the recent Roche vs CIPLA decision, where we point to the fact that the Delhi High Court order refusing to injunct CIPLA effectively paves the way for “judicially created” compulsory licensing norms in India. So how does Indian law on this point compare with the US? The key distinction appears to be that while US courts explicitly factor in “public interest” whilst deciding whether to grant an injunction (restraining order) or not, Indian…


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SpicyIP Tidbit: Now Pfizer Sues Ranbaxy


In SpicyIP’s 3 earlier posts, the on-going global struggle between Ranbaxy and Pfizer was reported. The latest news is that Pfizer has sued Ranbaxy alleging infringement of two of its Lipitor process patents. Here’s the complete article from MoneyControl: The world’s largest drug maker Pfizer has stepped up its offensive against Ranbaxy to block it from launching a generic version of its blockbuster heart drug Lipitor. Pfizer has sued Ranbaxy alleging that it has infringed two of Lipitor’s process patents…


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SpicyIP Tidbit: Govt. Disapproves Optical Policy Draft


In an earlier post by Sumathi, a reference was made to the optical disk legislation. Last November, it was reported that the Government was scrutinising the recommendations made with regard to the optical disk law to check piracy in the film industry. The draft law was prepared by members of the film industry along with FICCI at the initiative of the Government. According to the Business Line, a study titled “The Effects of Counterfeiting and Piracy on India’s Entertainment Industry”…


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SpicyIP Tidbit: Indian Pharma shows off its figure(s)


In continuation of an earlier piece blogged by Sumathi (with very comprehensive comments by sai which are a really interesting read) here is another post on Pharma MNC’s facing very stiff competition from their Indian counterparts. The Economic Times reports that Indian companies have trounced fears that global pharma MNC’s would dominate our domestic market in the product patent regime post 2005 as in the last year the market share of foreign companies has fallen from 24% to 22%. I…


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Trademark

SpicyIP Tidbit: Need for amending the Trademarks Act?


This article chronicles the remarks of senior officials citing the advantages of amending the Trademarks Act for accession to the Madrid Protocol. These changes are to be incorporated in the Trademark Amendment Bill currently with Parliament. The advantages of such amendments will be as follows: 1. Allowing Indian companies to apply for registration in multiple destinations from their local offices.2. An 18 month deadline will be applicable for Indian companies applying for trademarks.3. Global protection under the Madrid system can…


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Will the real NGO please stand up?


The Delhi High Court in its recent March 19thruling on the Roche-Cipla issue had lamented about the fact that it did not have access to any accurate information as to how many patients were affected by lung cancer and how many of them actually had access to Roche’s drug. A lack of quality empirical evidence has been a lamentable feature in all policy debates regarding patents in India. Three days after this judgment of the Delhi High Court a leading…


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