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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

/ By / Others

[A big thanks to Swaraj for his inputs on the post.] The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. Pre-grant oppositions (PGOs) are crucial in India’s patent system, allowing challenges to patents before they’re granted. The outcome could significantly affect the availability of affordable HIV treatments, emphasising the need to balance innovation with public […]

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[Sponsored] Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S. Majumdar & Co. (October 5-November 23)

/ By / Sponsored

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. Majumdar & Co. The deadline for registration has now been extended to October 4. For more details, read their announcement below: Registration Deadline Extended for the “Comprehensive Course on Patents” Organized by The IP Press In Collaboration with S. Majumdar & Co. (October 5-November 23) Following a favorable outcome of

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Comments Invited for Amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, by October 10

/ By / Geographical Indication

[This post is authored by SpicyIP Intern Samridhi Chugh. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy. Her previous posts can be accessed here.] The Ministry of Commerce and Industry, in a public notice, dated September 27, 2024,

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SpicyIP Tidbit: Bombay High Court Strikes Down the Controversial IT Amendment Rules for Setting up Fact Check Units

/ By / Others

Discussing the Bombay High Court’s recent decision that set aside the controversial IT Rules amendments to establish fact check units, we are pleased to bring to you this tidbit by SpicyIP intern Mehnaz Khatoon. Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram. She is passionate about Intellectual Property Laws and is interested in pursuing a career in the corporate sector. Her previous post can be accessed here. SpicyIP Tidbit: Bombay High Court Strikes Down the Controversial

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“All Right” for Who? Assessing the Jasleen Royal and T-Series Recent Copyright Controversy

/ By / Copyright

In light of the recent copyright dispute between singer Jasleen Royal and music label T-Series over the composition of the song “All Right”, we are pleased to bring to you this quick post by SpicyIP intern Mansi Bhatia. Mansi is a fifth-year law student at the Institute of Law, Nirma University, with a keen interest in IP Law and Data Protection Law. “All Right” for Who? Assessing the Jasleen Royal and T-Series Recent Copyright Controversy By Mansi Bhatia It’s not

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SpicyIP Weekly Review (September 23-September 29)

/ By / Copyright, Drug Regulation, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Calcutta High Court Notifies IPD Rules: A Quick Comparison  The Calcutta High Court IPD Rules have

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Claim Amendments Must Adhere to the Scope of Last Amended Claims, Clarifies the Controller

/ By / Patent

In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd.  Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related

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Calcutta High Court Notifies IPD Rules: A Quick Comparison 

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trade Secret, Trademark

On September 20, the notification for the Calcutta High Court’s IP Division Rules were published in the Kolkata Gazette, making it the newest High Court, after Delhi and Madras, to have its own dedicated IP Division and relevant Rules. These Rules, officially called as “The Intellectual Property Rights Division Rules of the High Court at Calcutta, 2023”, (Cal HC IPD Rules or Final Rules) are drafted consequent to the abolition of the Intellectual Property Appellate Board via the Tribunal Reforms

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Blackberry Innovates!: Understanding Algorithm Exclusion u/s. 3(k)

/ By / Patent

On 30th August 2024, the DHC gave out two decisions on appeal against the rejection of two Patent applications filed by Blackberry Limited. In this post, I will refer to the two decisions as Blackberry I and Blackberry II. Here, I will contrast the two judgements and answer whether the reasoning employed in them is consistent and reconcilable. I also mention the Mayo Test from the U.S. to understand how it applies in the Indian context, specifically 3(k), and whether the Indian Courts, knowingly or

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Of Clinical Trial Waivers in India: The Misses Outweigh the Hits

/ By / Data Exclusivity, Drug Regulation

In light of the executive order waiving the requirement to conduct clinical trials for new drugs approved in a few selected jurisdictions, we are pleased to bring to you this guest post by Md. Sabeeh Ahmad, discussing the implications of this executive order. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here. Of Clinical Trial Waivers in India: The Misses Outweigh the Hits By Md. Sabeeh Ahmad The Drug Controller General

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