Bayer vs UOI and Cipla: A "Spurious" Tale

Following earlier posts on the Bayer vs Union of India (UOI)/Cipla writ proceedings before the Delhi High Court, let me bring to your attention another fallacious argument advanced by Bayer where they attempt to label all generic drugs as “spurious” drugs. Bayer’s writ petition states that Cipla’s generic version of Sorafanib, purported to be sold under the brand name “Soranib” would amount to a “spurious drug” under Section 17B of The Drugs and Cosmetics Act, 1940. This section provides as […]

Bayer vs UOI and Cipla: A "Spurious" Tale Read More »

Bayer vs UOI and Cipla: Patent Apathy by the Government?

In our last post, we bemoaned the fact that the government was not taking the Bayer writ seriously enough. This apathy caused Dilip Shah, Secretary General of the Indian Pharmaceutical Alliance (IPA) to write a letter to the government, as below: (A similarly worded letter was addressed to Mr Ashok Kumar, Secretary, Department of Pharmaceuticals as well). To:Mr Naresh Dayal SecretaryDepartment of HealthMinistry of Health & Family WelfareNirman Bhawan, Room No. 149New Delhi 110 011 Dear Mr Dayal, Re: Delhi

Bayer vs UOI and Cipla: Patent Apathy by the Government? Read More »

Bayer vs Cipla: Attempting "Patent Linkage" In India

The writ petition filed by Bayer against the Union of India (UOI) and Cipla came up for hearing on the 17th, 18th and then the 25th of February. For those not familiar with this story, please see our previous post. In essence, Bayer filed a writ against the UOI, praying that the DCGI (Drug Controller General of India) be restrained from granting any drug approval to Cipla’s generic version of their patented drug, Sorefanib (sold as “Nexavar”). The key ground

Bayer vs Cipla: Attempting "Patent Linkage" In India Read More »

Guest Post on Software Patenting in India

We bring you a guest post on software patents from Essenese Obhan, a leading patent attorney from New Delhi. Essenese is the founding partner of an IP boutique, Obhan & Associates. Prior to founding Obhan & Associates in 2007, he worked for a number of years with Anand and Anand, India’s leading IP firm. While Essenese himself is an expert on patents relating to the mechanical, industrial, software, and telecom sectors, the Obhan team includes associates that specialize in chemical,

Guest Post on Software Patenting in India Read More »

Jurisdiction in cases of Design infringement

Justice Shivakumar of the Madras High Court recently passed an order in Urooj Ahmed v. Maya Appliances, A. No. 5533/2008 in CS No. 949/2008; and the order is path-breaking. It is path-breaking not because of an excellent interpretation of the law, but because of the discovery of novel uses of the English language. The Court was faced with a pure question of law. Can a suit for infringement of design be filed in the Court within whose jurisdiction the plaintiff

Jurisdiction in cases of Design infringement Read More »

PIRATE BAY: A SINKING SHIP FOR HOLLYWOOD? (PART I)

This post series deals with the possible legal liability of the search engine, Pirate Bay (TPB) under U.S. and Indian law. The U.S. law on contributory infringement of copyright is discussed as their jurisprudence on this point is quite rich. This analysis is used as a basis for examining the possible liability of TPB, if a case of contributory copyright infringement is filed against them under Indian law. INTRODUCTION: THE TRIAL Four men, namely, Fredrik Neij, Gottfrid Svartholm Warg, Peter

PIRATE BAY: A SINKING SHIP FOR HOLLYWOOD? (PART I) Read More »

Guest Post on Patent Examiners and Labour Markets

We bring you a guest post by Chirantan Chatterjee, a very bright doctoral student in Policy & Management, at the Carnegie Mellon University. Chirantan is interested in exploring the Indian labour market for Indian patent examiners. For those interested, please write to him at chirantan[at]cmu.edu. How do I know what you know? – Except if I am Einstein… In a world of dwindling economies, rising impetus for governmental assistance to bail out firms, and protectionist policies to resurrect domestic industries

Guest Post on Patent Examiners and Labour Markets Read More »

Report on NUJS Event: “Injunctions v. Damages in IP Cases by Justice Sikri

Pursuant to a talk by Justice Arjan Sikri on Injunctions vs Damages in IP cases, we bring you a detailed note on the talk, painstakingly prepared by Prakruthi Gowda, one of the top students at NUJS. Please join me in thanking Prakruthi for documenting this talk so well and thereby advancing the cause of IP education in India. Talk on “Injunctions v. Damages in Intellectual Property Cases” by Justice Arjan K. Sikri(Prepared by Prakruthi Gowda, 4th year, NUJS, Kolkata) The

Report on NUJS Event: “Injunctions v. Damages in IP Cases by Justice Sikri Read More »

SpicyIP ranks at number 8!!!!!

Ladies, Gentlemen & Anonymous Commentators, I am thrilled to announce that SpicyIP has just had its “Slumdog” moment. Gene Quinn of IP Watchdog came out with a list of the top 26 patent blogs and guess what….. SpicyIP was ranked at number 8!!!! The list is based on the ranking from the leading blog search engine – Technorati.com. The Technorati ranking is based on how many blogs link back and obviously quite a few blogs are linking back to SpicyIP.

SpicyIP ranks at number 8!!!!! Read More »

SpicyIP Jobs:Patent Attorney

This is with reference to our earlier post, seeking applicants for the position of a Patent Attorney for a company in the life sciences domain. Details may accessed here by clicking on this link:IPR Head for a Company in the Life Sciences domainThe Indicative CTC for this position is 30lakhs/ per annum. We are still in the process of shortlisting candidates for this.Interested candidates send in your C.Vs to [email protected] and /or [email protected]

SpicyIP Jobs:Patent Attorney Read More »

Scroll to Top