Another Setback for Dr. Reddy’s Generic Olanzapine

/ By / Patent

Dr. Reddy’s Laboratories has failed to successfully challenge Eli Lilly’s patent on olanzapine (a blockbuster drug) in the Court of Appeal. Click here for the judgment. Dr. Reddy’s Laboratories appealed from the judgment of Judge Floyd delivered in October 2008 which refused to revoke Eli Lilly’s patent on olanzapine. Olanzapine is an antipsychotic agent used to treat schizophrenia. The patent expires in 2010 but the legal protection will extend to 26 September 2011 owing to a supplementary protection certificate. Supplementary […]

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SpicyIP Events: NLSIU invites abstracts for conference on ‘Internet Intermediary Liability in India’

/ By / Uncategorized

The Law and Technology Committee of the Student Bar Association of the National Law School of India University has invited abstracts for proposed papers that are to be presented at its annual law & tech conference – Consilience – 2010. Past editions of the conference have been based on themes ranging from ‘Bio-technology and the law’ to ‘Free and Open Source Software’ and have had speakers ranging from Dr. Montel Singh Ahluwalia (Deputy Chairman Planning Commission) to Rahul Mathan, a

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Off Topic: NUJS Law Review Special Issue on the Naz Foundation Case

/ By / Uncategorized

The NUJS law review has just come out with its special volume dedicated to the landmark Naz Foundation judgment that effectively decriminalised same sex activities in India. Pursuant to its tradition of being an open access journal, all the articles can be accessed freely here. I list out the articles and their authors below: DECRIMINALISATION OF HOMOSEXUALITY AND THE CONSTITUIONProfessor Mahendra P. Singh OUT OF THE COLONIAL CLOSET, BUT STILL THINKING ‘INSIDE THE BOX’: REGULATING ‘PERVERSION’ AND THE ROLE OF

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Taxing ‘Royalties’ derived from Intellectual Property

/ By / Uncategorized

Shamnad recently sent me this most interesting article by S. Murlidharan in the Hindu Business Line on the topic of taxing of royalties earned by authors of books that are of a literary, artistic or scientific nature. The article inspired me to have a quick look at one of the most fascinating and complex legislations – the Income Tax Act – a legislation which has sent shivers down me spine for more than one reason. Murlidharan’s article focuses exclusively on

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Sanctity of Section 21

/ By / Uncategorized

In the last post, Mr.Basheer has proposed a new way of dealing with the anomalies in practice when it comes to applying Section 21 of the Patents Act. The general opinion among patent practitioners is that the provision is used to unfairly get an applicant to “abandon” his application since there is no time limit on how long the patent office can sit on the application without responding to the applicant. It appears that there is something else interesting as

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"Abandoning" Legal Fogginess: A Proposal for Patent Clarity

/ By / Uncategorized

Word: aban·don Pronunciation: \ə-ˈban-dən\Function: transitive verbMeaning: to give up with the intent of never again claiming a right or interest in So speaks an entry in the famous Webster’s dictionary. Or for that matter, any other dictionary. Perhaps a genre of books that the Indian Patent Office (IPO) actively shies away from. How else might one explain the fact that patent applications that are passionately prosecuted by keen applicants end up being speciously branded as “abandoned” under the infamous Section

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New Commercial Courts Bill to bring about radical reform in the adjudication of big ticket IP disputes

/ By / Uncategorized

In its recently concluded Winter Session, the lower house of Parliament, the Lok Sabha, passed ‘The Commercial Division of High Courts Bill’, 2009. The Bill which is based on the recommendations of the 188th Report of the Law Commission of India aims at the adjudication of big ticket commercial disputes, Rs. 5 crores or above, within a timespan of one year. The Bill was consequently sent to the Rajya Sabha which has referred the Bill to the Select Committee on

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Guest Post on Intermediary Liability and IT Amendment Act

/ By / Uncategorized

Previously, SpicyIP readers have come across a discussion surrounding the liability of Internet Service Providers in the light of the provisions of the Information Technology Amendment Act, 2008. Following the notification of said Act (here), a Guest Post (here) had been put by Aditya Gupta, final year student of National University of Law, Jodhpur, and a follow-up post by Professor Shamnad Basheer (here). All these posts sought to discuss the different dimensions of intermediary liability under the Information Technology (IT)

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Copyright in a Patent Specification (?)

/ By / Copyright, Patent

Does copyright subsist in a patent specification? The answer to this may seem obvious to most, but I did rather articulate on the obvious clearly than overlook something clearly obvious. In Catnic Components Ltd. & Anr. v. Hill and Smith Ltd. (1978), it was held by the UK High Court (Chancery Division) that copyright in a patent specification ceases to subsist upon publication of the patent application. This UK judgment is well-known for its use of the “pith and marrow”

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Bayer’s Nexavar Found Too Expensive in the UK

/ By / Drug Regulation

Even as Bayer has challenged a Delhi High Court decision refusing to import the problematic concept of “patent linkage” to India (hearings at the appellate court have concluded and we now await a decision), Gauri Kamath, a reputed pharma journalist, has a very interesting post on the high price of this important cancer drug. She also reflects on a strangely paradoxical drug pricing issue in her recently unveiled blog that has some of the most interesting articles that I have

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