SPICY TIDBITS


Starting today, we’re beginning a new section titled “Spicy Tidbits” that will bring you short announcements of leading news in the world of IP and innovation law/policy, in so far as they have some relevance for India. 1. The US moves ahead with its WTO complaint against China, asking for the establishment of a panel. The International Herald Tribune reports: “The Bush administration has asked the World Trade Organization to rule in a complaint against China over the piracy of…


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Competition Law

THE RESURGENCE OF PRICE CONTROLS IN INDIA


In an earlier blog posting, I’d noted: “…pharmaceutical patents are not “bad” per se, as some of the statements in the press would have us believe—rather, as with most other things in life, they are susceptible to “abuse”. In this regard, it is important to strike a distinction between the grant of a patent and the regulation of its “use”. Our fears of a prospective abuse of a patent and excessively high prices should not cause us to deny patent…


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Patent

THE NOVARTIS PATENT DISPUTE: OF "SPINS" AND EMPTY RHETORIC


A couple of days back, in a legal dispute involving the patentability of Novartis’s famed anticancer drug, Gleevec, the Madras High Court ruled that section 3(d) of the Indian Patents Act was constitutional. It also held that it lacked jurisdiction to rule on whether or not section 3(d) contravened TRIPS–and that the appropriate forum to adjudicate this issue was the WTO. I’d hinted at the excessive spin on this judgment by interested stakeholders in an earlier blog posting. Let me…


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NOVARTIS CASE AT IPAB STAYED….


In a rather sensible move, the Chennai High Court has temporarily stayed the IPAB proceeding, pursuant to a complaint by Novartis that Chandrasekharan may be a biased party and ought not to sit in judgment over the appeal. SPICYIP has been reiterating time and again that Chandrasekharan ought to be replaced–else an otherwise strong case for the government could get dragged on owing to this infirmity. The ET Reports: “Hearings in Novartis’ appeal against the rejection of patent for its…


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Drug Regulation Patent

"Suicide" Inducing Drug in India: Need For More Stringent Drug Regulation


Bloomberg reports on a very troubling case of a “suicide inducing” diet control drug, that though not likely to be approved in the US, has been approved in India. It notes, in pertinent part: ” Sanofi-Aventis SA’s Acomplia weight- loss pill, linked to suicide, is becoming popular in generic form in India. That may end the product’s chances of ever reaching the U.S., where it has been delayed by regulators. Cipla Ltd. and Ranbaxy Laboratories Ltd. are among six drugmakers…


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Patent

NOVARTIS LOSES AT THE HIGH COURT: FOCUS NOW SHIFTS TO IPAB


Many of you may have already heard the breaking news today……..the Madras High Court ruled against Novartis, holding that section 3(d) is not unconstitutional. It also ruled that it is not competent to adjudicate upon whether or not section 3(d) is TRIPS compliant. Not a very surprising result for SPICYIP, which had already predicted this outcome in an earlier post, noting as follows: “Which way is the court/IPAB likely to go? Difficult to tell at this stage, but to the…


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Patent

Its All In the Genes!


There is enough and more reason to celebrate every morning-celebration in lieu of the totality of existence and the existence of the individual self. The Guru of Joy, Sri Sri of the Art of living fame established the U.S.P ‘I belong’…… The simple ritual practiced at the commencement of every Art of Living session where the participants greet each other with a resplendent ‘I belong’ , on deeper analysis comes with a profound metaphysical and scientific import. The ‘cosmic connect’…


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Patent

NOVARTIS MOVES HIGH COURT TO REMOVE CHANDRASEKHARAN


As anticipated by an earlier SPICY IP post, the Economic Times now reports that Novartis filed a writ petition before the High Court challenging the decision of the IPAB to keep Chandrasekharan on the panel. Not a particularly huge fan of “I told you so…”, but SPICY IP had cautioned against the very transfer of the case itself to the IPAB in one of the earliest posts, stating that this was a bad move. We had first noted in April…


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Innovation Patent

BUILDING AN INNOVATION ECO SYSTEM IN INDIA


An excellent article in the Deccan Herald on the need for building an innovation ecosystem in India by NASSCOM’s VP, Rajdeep Sahrawat. As Sahrawat rightly notes, the ability to take “risks” is a very important factor in incentivising innovation. And this may perhaps explain why despite our software prowess, we are still not known for any significant “innovative” IT products. Rather, the easy money that comes with our “services” model in the IT sector (where we build products for others…


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Trademark

NANDO’S Vs NANDU: SPICY TRADEMARK ISSUE


A note on a recent trademark case from a guest blogger, Akshat Pande, an IP practitioner from Delhi. The note pertains to a famous UK chain, “Nando’s”, that serves absolutely delectable chicken, –better, some would say, than “finger licking wares” dished out by the good ole’ Colonel. Though registered as an Irish company, it’s really Portugese cuisine with some significant South African roots. Anyway, here goes: “I was desperately waiting for Nando’s to open up in India as I have…


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