SpicyIP Event: INTA Roundtable on Border Measures Regulations proposed to be organized by INTA ACEC MEASA Subcommittee

/ By / Uncategorized

The border measures fiasco that we have blogged about here and here has definitely sparked off a debate in the EU as well as India as to what minimum standards may be imposed through the TRIPS and the EC as regards “in transit seizures”. In India, the standards we have adopted are embodied in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. (The relevant circular on the same may be found here). In the same vein, the India Task […]

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SpicyIP Tidbit: GSK floats patent pool for neglected diseases

/ By / Patent

GlaxoSmithKline (GSK) has offered to contribute to a voluntary patent pool to develop treatments for neglected diseases, among a set of claims that will have set the industry abuzz in strategising future business moves. In this Guardian interview and this Reuters report, Andrew Witty, GSK’s CEO, re-envisions the social contract that pharma industry has with society at large, and offers a slew of suggestions that makes me wonder if the company’s CSR department is working overtime. The big news, of

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SpicyIP Tidbit: New pricing rules for imported drugs

/ By / Drug Regulation

The government of India is expected to soon issue rules for monitoring prices of imported drugs for diseases like diabetes, arthritis, obesity, cancer and heart diseases. According to this report from Economic Times, “the government will negotiate prices for imported medicines for identified diseases based on prices of the same medicine in other markets and the cost of production estimated by it, an official said. For other imported patented drugs, the companies would be expected to voluntarily keep prices lower

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Time to remedy the remedy of Injunctions?

/ By / Copyright

How far should injunctions be used as a remedy in copyright cases? That was the question faced by the Supreme Court in Academy of General Education v. Malini Mallya. Dr. Kota Shivarama Karanth, a Jnanapeeth awardee, was stated to have developed a new form of the traditional ‘Yakshagana’, named ‘Yaksha Ranga’. Dr. Karanth was the Director of the Appellant academy, while the respondent claimed that she was the owner of the copyright by virtue of Dr. Karanth’s will. It was

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SpicyIP: Border issues at Bidri.

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Bidri is an intricate metal craft item that originates from Bidar in North Karnataka. Located on the Andhra Pradesh-Karnataka border, the artisan community of Bidri and the craft are located on both sides of the border. Courtesy the craft line, this region has firmly established its cultural identity on the world craft map. Interesting antecedents dot history of this craft, one that has a bearing on the brewing discontentment between the artisans of the two different states. Bidar as history

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Talk at NUJS: US Legal Education and Culturing Google To Copyright

/ By / Copyright

Two very distinguished academics are visiting NUJS, Kolkata on the 19th of February (Thursday). Professor Frederick Lawrence, Dean of the George Washington University Law School and a leading civil rights expert will speak on US legal education. His talk is titled: “”Globalization of the American law curriculum”. During his talk, he will also focus on the LLM and other higher law degree programs in the US. His talk will be followed by that of Professor David Nimmer, a leading copyright

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Dr Reddys and the "Losartan" Controversy: Forced to Cave In?

/ By / Patent

It appears that given the paucity of time to obtain legal advice and the threat of their consignment being destroyed, Dr Reddy’s Labs (DRL) thought the most prudent option would be to cave in and ask that the goods be returned to India. But first, for those not familiar with this dispute yet, a bit of background: “On 15 January, Mint had reported that a DRL shipment of the generic version of losartan was seized in transit in the Netherlands.

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Copyright in Characters- Fuzzy Idea/Expression Divide-II

/ By / Copyright

In the last post, I started off with a discussion of US cases on copyright protection to characters and raised a few questions hoping to find answers as the discussion proceeds. The next case which I shall be dealing with is Ideal Toy Corporation v. Kenner Products and Twentieth Century Fox (1977). The judgment is pretty clear and enlightens one to the fact that US Courts probably have a tough time segregating the points of jurisdiction of Federal and State

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Reliance and TM Disputes: Trouble in Reliance land?

/ By / Trademark

The feuding Reliance brothers, Anil and Mukesh, seem to have other things except family rivalry that have thrust them into the spotlight of late. They are neck deep in business decisions that could land them in trademark disputes. ‘I’ think this may spell trouble! In what seems like an obvious attempt to cash in on Apple’s fortunes, the Mint reports that the Reliance Anil Dhirubhai Ambani Group has filed an application in India to register the mark ‘I PHONE’ under

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Does SpicyIP Moderate Comments?

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You bet we do. It all began when I wrote something related to Brazilian patent law and received a comment asking me to take a look at a certain Brazilian resort that offered the heady triple cocktail of sun, sand and s… So, what kind of comments will not pass muster? i) Comments that have no bearing on the subject matter of the post: typically, the “spam” stuff, such as the incredibly tempting Brazilian offer above. ii) Comments that amount

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