Delhi HC refuses to let ‘patent linkage’ in through the back door

The Delhi High Court on the 18th of this month in a judgment delivered by Justice Ravindra Bhat dismissing a writ petition filed by Bayer Corporation. Bayer Corporation sought to restrain the grant of a license under the Drugs and Cosmetics Act (henceforth referred to as Drugs Act) to Cipla for its drug “Soranib”. The landmark judgment also awarded costs amounting to Rs 6,75,000 which is payable in equal shares to the Union of India and Cipla. (There has been […]

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National Law School of India Review: Call for Papers

The National Law School of India Review has issued a call for papers for publication in Volume 22(1). Here is the call: The National Law School of India Review (NLSIR) is the flagship journal of one of India’s premier law institutions, the National Law School of India University, Bangalore. The NLSIR is a peer-reviewed journal, and is published twice a year. The latest issue – Volume 21(1) – included contributions from Justice S.B. Sinha, Judge, Supreme Court of India; Mr.

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Mashelkar Committee on Patents and Prof Correa: Court(quote)ing a New Controversy?

A very curious article popped up in the Business Standard (BS) yesterday. Apparently, Prof Carlos Correa is miffed that the Technical Expert Group (TEG, headed by Dr Mashelkar) has misquoted him. I’ve combed through Correa’s article and the revised report by the Masehelkar Committee and can’t exactly fathom as to how Correa claims to have been misquoted. The record would suggest that the expert committee rightly (and contextually) cited Prof Correa. This is what the BS stated: “Patent expert says

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NUJS IP Talk: Raj Gandesha on Section 3(d) and Incremental Innovation

Raj Gandesha, a patent litigation attorney with White and Case, New York, will visit NUJS on the 25th of this month (coming Tuesday) and speak on “Pharmaceutical Innovations: A 3-D Perspective”. The event will be held in Room 006 of NUJS, starting at 4 pm and expecting to finish at 6 pm. In particular, Raj will discuss a report that he authored on behalf of the US India Business Council (USIBC) on this theme. This report has proved controversial owing

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Indian "Bayh Dole" Conference at NUJS in September

Details of a Conference that the IP Chair at NUJS (along with IPTLS and Share) is organising on the 12th of September at the NUJS Auditorium, Salt Lake Kolkata. Registration is free. However, if you wish to attend, please email Prakruthi Gowda ([email protected]) indicating your name, designation etc. Publicly Funded Patents and Technology Transfer: A Review of the Indian “Bayh Dole” Bill In January 2009, the government introduced the Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 in

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The Music Compulsory Licensing Wars: Copyright Board Chairman Likely to be Replaced?

Continuing from an earlier post which laid some tentative doubt on the competence of Dr Raghbir Singh to be appointed as Chairman of the Copyright Board, I’ve now posted a more detailed constitutional law analysis at Law and Other Things. Whilst opining that the evidence on hand suggests that Dr Singh does not qualify to be a Chairman of the Board, I note as below: The Copyright Act requires that the post of Chairman be occupied by a person who

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PRS to hold a Bill Analysis competition

PRS is holding their annual ANALYSIS competition in which the participants are to take and analyse one of the draft bills that will be coming up for debate in the Parliament. We take a special interest in this years edition since it includes the Draft National Innovation Bill which we have blogged on in earlier posts. “ANALYSIS 2009 is a national-level legislative analysis competitionorganised by PRS Legislative Research, New Delhi. Participants are expected to produce a succinct three-page analysis ofa

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Pharmexcil Conference on Pharma Patent Litigation and Trade Barriers

Pharmexcil (Pharmaceuticals Export Promotion Council) is organising what promises to be an interesting one day conference on “Patent Litigation and Trade Barriers for Indian Generic Companies” this Friday (21st) in Mumbai. This program has been put together by Dr Gopakumar Nair, Founder of Patent Gurukul on behalf of Pharmexcil. Details of the conference below: Chief Guest Shri Arun Jha, IAS, Jt. Secretary, Dept. of Pharmaceuticals, Govt. of India. Date & Venue On Friday, 21st August 2009 At Sunville Banquet &

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SpicyIP Tidbits: Journal bonanza for patent offices in LDCs

Patent offices in least developing countries have something to smile about now, with increased access to 150 online scientific journals by the end of this year, according to SciDevNet and this Patenting Lives blogpost. The aRDi programme was launched by the World Intellectual Property Organization (WIPO) with partners in the publishing industry with the aim to increase the availability of scientific and technical information in developing countries. Its partners include Elsevier, Oxford Univ. Press, Springer, John Wiley, Nature, Sage, and

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CII’s Conference on combating Counterfeiting and Piracy sparks a Lively Debate

In a move that recognizes the global nature of the problems of counterfeiting and piracy and the futility of attempts on the part of individual government or body corporate to combat the same, the Confederation of Indian Industry (CII) is on the verge of organizing an international conference on combating counterfeiting and piracy, which will be the 3rd of its kind. The early two counterparts of this conference had succeeded in increasing awareness of the aforesaid problems, encouraging the sharing

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