SpicyIP Weekly Review (October 29-November 4)

Thematic Highlight In his latest post on the issue, Rajiv discusses the impact of a recent UK case on Standard-Essential Patent (SEP) litigation. He provides excerpts portions of the judgment that encapsulate the judgment and brief and confines his analysis to the issues of global portfolio licensing and valuation of patents. He also highlights certain flaws in the judgment and concludes by highlighting the disparity in jurisprudence across jurisdictions on royalty payments. Topical Highlights In her guest post, Simrat Kaur…

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Competition Law Drug Regulation Privacy

All You Need to Know About the New CCI Policy on Healthcare-Part II

I had written a post few days ago covering the main highlights of the CCI’s press release on its Policy Note on healthcare. In my post, I had summarized and explained the main aspects of the Note (covered by the press release) and observed that though the Policy Note doesn’t really bring in many new recommendations, it does pay heed to the current shift from price control mechanisms to rationalisation of trade margins. With the recent release of the Policy…

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Competition Law Drug Regulation

All You Need to Know About the New CCI Policy on Healthcare-Part I

It’s been around a week since the CCI released its press release on its policy note on ‘Making Markets Work for Affordable Healthcare’. In the past, the CCI has recognized the need to address issues in the healthcare industry on several occasions. For instance, it has observed in a past order that the lack of competitive forces in the pharmaceutical market has resulted in “innovative business practices, superior services, consumer choice, lower prices, etc.” taking a back seat. (In fact,…

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Unfair Competition

An Oxymoron by Definition – The Decision by UK Court of Appeal in Unwired Planet v. Huawei

A Google search throws up some amusing examples when one searches for oxymoron examples.           The recent decision by the UK Court of Appeal in Unwired Planet v. Huawei (click here) is exactly that.  Why, would you ask? Because on one hand there is Brexit and on the other hand this judgement-it seeks to enforce those patents that are not under its own jurisdiction.  Ergo-oxymoron.  Perhaps some part of the judgement seems to be yearning for…

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Registration of RMPL as a Copyright Society – Will It Set the Stage for New Repertoire of Problems?

We’re pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she has recently started independent practice under the banner “The Endretta”. Registration of RMPL as a Copyright Society – Will It…

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SpicyIP Weekly Review (October 22-28)

Stay updated with our recap of this week’s posts! Thematic Highlight  Prashant provided his latest report on the burgeoning Bedaquiline controversy. In his previous posts, he had commented on The Hindu’s lack of reportage on the harmful effects of this drug. In this post though, he reports that a Hindu correspondent visited the patients who were being given this drug and it was discovered that the patients were neither informed about the deaths in the Phase 2B trials nor were…

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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)?

We’re pleased to bring to you the fifth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. The earlier posts in the series can be viewed here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)? Introduction One of the significant contributions of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 is the Chapter on Farmers’ Rights. It is intended to comprehensively…

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Overlaps in IP

Foreign IP Law Firms Defying SC Ruling?

The issue of foreign law firms allegedly defying SC instructions in their practice in India was recently brought into attention by a complaint filed by Sumit Sinha, an advocate on record. The complaint was filed before the Bar Council of India, the Controller General of Patents, Designs and Trademarks and other authorities. It identified certain foreign law firms namely Zacco, Abu Ghazaleh, Mirandah Asia, United GIPS, Clydes and Anderson Global. Notably, all these firms have some sort of local presence in India…

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Overlaps in IP Patent

India’s IPR Regime Looks to Hi-Tech to Improve Administration – From Video Conferencing to AI and Blockchain

The IPR administrative offices form the backbone of the legal system of India’s IP regimes. The efficacy of the law depends, to a large extent, on how these offices manage their administrative tasks, which includes substantive evaluation of claims over IP, as well as tasks of effectively maintaining registries and public records. We have written, in the past, about many worrying aspects of their administration, such as non-transparent functioning of the Copyright Office, or the skewed incentives system within the…

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Drug Regulation

The Hindu Discovers That Indian Patients Have Not Been Informed of Bedaquiline’s Side-Effects

For the last 6 months, we’ve seen The Hindu reporting on bedaquiline, Janssen’s new experimental TB drug from various angles. There was the first set of reportage by Vidya Krishnan, which was mostly incorrect and possibly fake news. Then there was the opinion editorial by R. Prasad, a correspondent at the paper, who while noting the pending Phase III trials for the drug, recommended ramping up access to the drug. I’m not sure whether it is regular for health reporters…

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