Others

Indian Idol for IPR – A National Search for Talent


On July 13, 2018, the All India Council for Technical Education (AICTE) released a circular announcing the ‘Intellectual Property Talent Search Examination 2018’. Launched jointly by the Associated Chambers of Commerce and Industry (ASSOCHAM) and Ericsson, the talent search will reward high school students (Class 9-12) and undergraduate students who score well on the online examination. The objective of this test is to spread awareness about IPR by sensitising the youth and fostering innovation amongst them. This is in furtherance…


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Events

SpicyIP Events: NLU Delhi’s Certificate Course on IP Licensing & Competition Law and Workshop on SEPs [Aug 22-26, New Delhi]


We are pleased to announce that the Centre for Innovation, Intellectual Property, and Competition (CIIPC) at National Law University, Delhi will be conducting a five-day Certificate Course on IP Licensing and Competition Law from August 22 to August 26, 2018. As part of the course, a two-day workshop on SEPs: Patent & Antitrust Issues in High-Tech World will be conducted by Prof. Jay Kesan and Dr. Kirti Gupta on August 25 and 26, 2018. The deadline for sending applications for both…


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Others

India’s IP Policy: A Bare Act?


(This post has been co-authored with Prof. Shamnad Basheer) It’s been more than two years since India’s National IPR Policy was first announced. Mired in one controversy after another, this policy has been the subject of much heated discussion and debate. We bring you the first ever comprehensive assessment of this policy, weighing in on its pros and cons (spoiler art: the cons far outweigh the pros!). Thankfully our analysis has been published in the Indian Journal of Law and…


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Patent

Philips SEP Judgement: India’s First Post-Trial SEP Judgement has Serious Flaws


Earlier, we covered Ms. Justice Mukta Gupta’s decision in Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors. where the Delhi High Court found certain local manufacturers of DVD players liable for infringing Philip’s patents, which it claimed were Standard Essential Patents. I pointed out that the judgement was flawed on several counts. Given the importance of the jurisprudence on SEPs, the Court’s judgement requires some deeper examination. ‘Essentiality’ and the (Absent) Claim Construction In determining infringement, the plaintiff adopted…


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Patent

Patent Applicant Withdraws Application of its Own Accord!


In a recent decision dated 26th June, 2018, the Assistant Controller of Patents and Designs exercised his power under Section 15 of the Patents Act, 1970 (“the Act”) and rejected the bid for a patent application. Below, I give a brief description of the patent application and the reasons which led the Controller to come to such a decision, before analyzing the final order. About the Patent Application The applicant, Bayer Intellectual Property Gmbh (Initially, Bayer Animal Health Gmbh was…


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Others

SpicyIP Weekly Review (July 22-29)


Thematic Highlight Prof. Basheer wrote another post on the Novartis AG v. Union of India decision in continuation to his earlier post on a Chinese blockbuster inspired by the Novartis decision. In the first half of his post, he focuses on the Court’s strict construction of the term ‘efficacy’ under Section 3(d) and how Novartis was unable to prove the same in its anti-cancer drug Glivec. He then recounts several flaws in the Court’s reasoning and the decision-making process. He then analyses…


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Others

The New Age of IP Mediation in India


Time for the Argumentative Indian to step down? They say that time is money, but clearly no one seems to adhere to this adage in the Courts of law in India. It’s no news that shortage of judges, inefficient administration, delaying tactics adopted by lawyers and several other factors lead to massive pendency of cases in Indian Courts. About Delays in Indian Patent Examination and Litigation IPR disputes meet the same fate. In particular, delays in patent litigation are quite…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (III): Setting Arbitrary DUS Standards For Extant Varieties?


We are pleased to bring to you the third post in an ongoing series of perceptive posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. The first and second post in the series can be viewed here and here. Problems with the Indian Plant Varieties Regime (III): Setting Arbitrary DUS Standards For Extant Varieties? Prof. (Dr.) N.S. Gopalakrishnan A new plant variety is registered under the Protection of Plant Varieties and Farmers’ Rights Act only if it satisfies the criteria…


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Trademark

A Freudian Flip by the Delhi High Court – Of Trademark Similarity and a Psychological Slippery Slope


In Gillette Company LLC vs. Tigaksha Metallics Private Ltd, the Delhi High Court recently passed an order deciding to extend an ex-parte injunction restraining the defendant from infringing the plaintiff’s mark. Interestingly, the decision in favour of the plaintiff hinged a lot on psychological theories, about associative thinking and memory retrieval, read and endorsed by the judge. Background The plaintiff, Gillette, instituted a suit against two defendants, Tigaksha Metallics Private Limited and Supermax Personal Care Private Limited, seeking a permanent…


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Patent

Trumping Trips: Indian Patent Proficiency and the Evolution of an Evergreening Enigma


In an earlier post, I argued that an Indian supreme court decision may have unwittingly unleashed a Chinese blockbuster. As promised, here is a bit more on this stupendous Supreme court (SC) ruling that effectively denied Novartis a patent over its blockbuster anticancer drug, Glivec. And raised the bar for pharma patents in the bargain! For those interested, here are some excerpts from a recently published piece of mine in the Oxford University Commonwealth Law Journal (OUCLJ) capturing the core…


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