Trouble among the ranks: "Big Daddy" PhRMA speaks out against seizures of drug consignments

/ By / Drug Regulation

SpicyIP has been following the interesting developments surrounding the seizures of legitimate consignments of generic medicines. With all our posts have reported the indignation of the generics, customs regulations and even India’s options at the WTO, an interesting turn of events has led us to revisit the topic. Business Standard now report that the “big daddy”, PhRMA – which represents a large number of US based drugs firms- has finally spoken out against such seizures of legitimate consignments of drugs […]

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ATRIP Congress 2009: Horizontal Issues in IP Law

/ By / Uncategorized

From the 13th to 16th of this month, the International Association for Advancement of Teaching and Research in Intellectual Property (ATRIP) held its annual conference in Vilnius. The event which was hosted by the Faculty of law of the Vilnius University, was a well-organized one and went like clockwork with attention being paid to the minutiae. The theme of the Congress was “Horizontal Issues in IP Law: Uncovering the Matrix” which saw several interesting presentations and discussions on diverse topics

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Guest Post: ‘Tirupati’ – Laddu or the Lord?

/ By / Uncategorized

After everybody in the Indian mainstream media, from the op-ed writer to the cub reporter, has run riot on the Tirupati Laddu news-item, with their own interpretations of whether it’s a GI copyright on offer, or a GI patent, we thought the weekend was a good time to take a breather and bring you that rarity – the “expert” opinion! Topically, this is a story we have discussed and debated in this space, which those of you interested may wish

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Bajaj-TVS Dispute: SC Permits Temporary Sale of Flame, TVS to Maintain Accounts of Sale

/ By / Uncategorized

In a crisp order on the Bajaj-TVS patent dispute, the Supreme Court ordered that TVS shall be entitled to sell its motorcycle ‘Flame’, but shall maintain an accurate record of all its domestic and international sales. It has asked the Hon’ble Madras High Court to appoint a receiver in this connection. The Court clarified that its observations did not in anyway reflect its position on the merits of the case and the same shall be borne by the Single Judge

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A Break From SpicyIP

/ By / Uncategorized

For reasons, both personal and professional, I’ve decided to take a break from SpicyIP and from mainstream IP for a while. The break is rather indefinite at this stage. But please be assured that SpicyIP itself will continue and our stellar team of bloggers will continue to tickle your IP sensitivities with their thoughts. Also, I will post once in a while on issues that I deeply care about. I want to thank all of you for your continued patronage

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Patent Oppositions in India: The "Efficacy" of Section 3(d)

/ By / Patent

Last week, CH Unnikrishnan of the Mint reported on a study that I had conducted with my research associate, Souvik Guha. Let me highlight some of the findings of this study prior to moving on to Unni’s report. After reviewing a slew of information from the Indian patent office website, we found as follows: i) The total number of pharmaceutical applications filed between 2005 and 2008 were around 9719. ii) The number of pharmaceutical patents granted during the above time

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Advanced Patent Drafting Workshop Being Organised by CII

/ By / Uncategorized

Confederation of Indian Industry & Andhra Pradesh Technology Development and Promotion Center is organizing an Advanced Patent Drafting Workshop on Patent Drafting & Technical Skills(Better Training, Better Writing and Better Patents) Date: 5-6 October 2009 Venue: National Academy of Agricultural Research Management Campus, Rajendra Nagar, Hyderabad 500 407 Fee Structure per delegate: Rs. 5000/- India is growing in technology in leaps and bounds yet there exists a dearth of professionals who understand the dynamics involved in the field of Patent

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Guest Post: Copyright term extensions and constitutionality with reference to Eldred v. Ashcroft

/ By / Copyright

SpicyIP is pleased to bring to its readers a guest post by Nirajan Man Singh who is a recent graduate from NALSAR. COPYRIGHT TERM EXTENSIONS AND CONSTITUTIONALITY WITH REFERENCE TO ELDRED V. ASHCROFT “Old books, songs, and movies should flow continuously into the public domain. But the Congress keeps bowing to publishing companies that want to prevent works from ever being available for free. Every time Mickey Mouse threatens to go to the public domain, the lobbyists go to work

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PPL Extortion Takes a Turn for the Worse: Will the Government Please Step in?

/ By / Copyright

It is lamentable that despite our posts documenting the extortionist tactics of PPL and questioning its non transparent mode of functioning, things have only taken a turn for the worse. SpicyIP now has some damning evidence in the form of letters written by PPL to one of its victims, that reek of high handedness, intimidation, arrogance and worst of all, an utter and brazen ignorance of the law. Clearly this is one organisation which continues to operate under the “legal

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Proposed Copyright Amendment Bill

/ By / Copyright

In the recent past, there have been a proposed set of amendments to the Copyright Act, which however, seem to be having a little trouble getting beyond the draft bill stage. While not much progress has occurred after this initial draft bill stage, the proposed amendments themselves are quite noteworthy. Indeed, back in 2006, there appears to be a response by ALF and a group of other NGOs to the HRD ministry with regard to certain proposed amendments. The draft

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