Drug Regulation

Finally, The Hindu Acknowledges the Clinical Trials Issues Regarding New TB Drugs but through Rose-tinted Glasses


The Hindu published yet another story in today’s edition on the issue of access to the new TB drugs like bedaquiline and delaminid. We’ve been tracking The Hindu’s coverage of this issue on the blog over here, here and here. Unlike the earlier reportage, The Hindu has finally acknowledged some of the issues that we have flagged relating to safety and efficacy of both drugs, given pending clinical trials. Today’s report notes that both drugs “are yet to pass large-scale…


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Patent

How Does Inclusion of Patented Drugs in a WHO EoI Make Them More Affordable?


Over the last week, The Hindu has been reporting on the issue of access to two new TB drugs called bedaquiline and delaminid. As Balaji and I have pointed out in our last two posts on SpicyIP, there are serious issues with both stories that The Hindu published on March 3, 2018 and March 4, 2018. A third story published in today’s edition of the paper, titled “WHO launches plan for cheaper TB drugs” is with regard to a recent…


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Events

SpicyIP Events: 5th WTI – CWS Joint Academy on International Trade Law and Policy [June 4-29, New Delhi]


We are pleased to announce that The World Trade Institute of the University of Bern, Switzerland and the Centre for WTO Studies, Indian Institute of Foreign Trade, India will be conducting the 5th WTI – CWS Joint Academy on International Trade Law and Policy (“Joint Academy”), from June 4 to June 29, 2018 in New Delhi. The last date for submission of applications is March 30, 2018. For further details, please read the Call for Applications below: 5th WTI – CWS JOINT ACADEMY ON INTERNATIONAL…


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Patent

In a Well-Reasoned Judgment, Delhi High Court Rules in Plaintiff’s Favour in a Suit for Patent Infringement


In a well-reasoned judgment issued recently, the Delhi High Court (“Court”) adjudicated upon a suit for patent infringement comprising three patents over insecticides and herbicides. The three patents owned by the plaintiff relate to a herbicidal composition. The distinctive attribute of the composition developed by the plaintiff is this: it is an amalgam of 2 compounds each of which combats different kinds of weeds. More specifically, the composition consists of a compound called Metsulfuron, which controls grassy weeds and a…


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Drug Regulation

RTI Replies Reveal the Deal between Janssen and the Ministry of Health on Bedaquiline


Co-authored with Balaji Subramanian, 5th Year student NALSAR University of Law Subsequent to our previous post, we got a copy of some of the correspondence between Janssen and the Ministry of Health under the RTI Act. We were under the impression that our request for the information was transferred to the CDSCO which then disposed the application without giving us the requisite information. However, it appears that the application was transferred back to the Central TB Division, which processed the…


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Patent

Patent Office Calls for Comments on Patent Working Disclosure and Form 27


(This post has been co-authored with Prof. Shamnad Basheer) [Edit: The deadline for submission of comments has been extended to March 23, 2018] As reported last month, in our Patent Working PIL, the Delhi High Court asked the Government to submit an affidavit outlining the proposed framework and timeline for enforcing the patent working disclosure mandate. The court also asked the office to consider reviewing/revising the Form 27 format to make it more optimal. To this end, the Patent Office…


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Drug Regulation

Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline


Co-authored with Balaji Subramanian, 5th year student, NALSAR University of Law Prologue Last Sunday, The Hindu ran a piece on its front page alleging that  the government was not even considering the option of issuing compulsory licenses for a newly patented drug called bedaquiline, despite access to the drug being restricted to less than 1,000 patients. Bedaquiline, which is currently the most promising drug candidate to treat multi-drug resistant tuberculosis (MDR-TB) was developed and patented by Janssen and The Hindu…


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Others

SpicyIP Ranked 3rd in List of Top Patent Blogs in the World


We are extremely delighted to inform our readers that SpicyIP has been ranked 3rd in a list of top patent blogs of 2018 published by James Yang on IPWatchdog earlier last month. This list is an update of the 2011 and 2009 lists where SpicyIP was ranked 5th and 4th respectively. The entire list of top 16 patent blogs of 2018 is as follows: IPWatchdog Patently-O SpicyIP IPKat Phosita OCPatentLawyer IP News Flash Patent Arcade Patent Baristas IP Spotlight Patent Dogs BlawgIT Orange…


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Others

SpicyIP Weekly Review (February 25 – March 3)


In case you missed out on this week’s posts at SpicyIP, have no worries, here’s a roundup of the last weeks highlights. Our topical highlight of the week is my post on the Madras HC’s fairly straightforward decision examining film title protection in the context of copyright law. The judgement also deals with the important issue of the scope of protection offered by so-called ‘title registration schemes’ run by film associations, and whether they are effective at all. I recommend…


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Innovation Patent

Creative Destruction at it’s Best: The Death of Manual Scavenging?


In a provocative address last year at IDIA’s annual conference, Magsaysay Award winner, Dr Bezwada Wilson rhetorically asked: How is it that we managed to send a mission (Mangalyaan) to Mars? And yet, for all our technological prowess, we still have not figured out a way to end manual scavenging! A dastardly practice with deep roots in India’s caste hierarchy and one that continues to haunt us to this day…with lower caste communities inflicted with this bountiful burden of cleaning…


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