Competition Law Patent

Pharma Price Control and Policy Schizophrenia – I: Background and Context

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Drug price control has been at the forefront of the Modi government’s electoral promises, which has been quick to claim “victories” on this front (such as the capping of stent prices earlier this year). Elsewhere, however, it has been noted that players within the government have expressed opinions against the expansion of price control, and have taken concrete action to strip the current price control mechanism of its bite. Over this post, I contextualise these events in the larger policy…


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Competition Law

CCI Order on Pharma Major Roche – III

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CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – II (Continued…) (ii) Whether or not Roche group tried to influence regulatory authorities so as to deny market access to the Informants? (Paragraphs 66 – 74) The Informants submitted various letters written by the Roche group to regulatory authorities. The Roche group, vide these letters, raised concerns regarding the clinical trials undertaken by the Informants for biosimilars. It tried to create a perception that…


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Others

Appointments and Independence of the IPAB after the Finance Act, 2017

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While the Commerce Minister Nirmala Sitharaman waxes eloquent about the government’s aim to have an efficient IP policy, the reality of the non-functioning Intellectual Property Appellate Board (IPAB) indicates that this government is no different from the previous UPA Government. The IPAB which hears appeals against the Intellectual Property Office, as also original revocation and rectification petitions against registered trademarks and patents, has been headless for over a year now after the last Chairperson retired. This problem has occurred several…


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Events

SpicyIP Events: FICCI’s Online Certificate Course on Competition Law & IPR

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We are pleased to inform our readers that the deadline for registration for the May-June 2017 session of the online certificate course on IPR and competition law conducted by the Federation of Indian Chambers of Commerce and Industry (FICCI) has been extended till May 10, 2017. For further details, please read their post below: “About the Course Any business and legal decision of a modern day corporations are intertwined. As distinction between roles in the office of CEO and General Counsel…


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Competition Law

CCI Order on Pharma Major Roche – II

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CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – III (Continued…) c) Whether or not Roche group holds dominant position within the relevant market? (Paragraphs 52 – 58) Roche Group introduced Trastuzumab under the brand name HERCEPTIN in the year 2002. In the year 2012, it withdrew HERCEPTIN from Indian markets and introduced cheaper versions of Trastuzumab, viz., BICELTIS and HERCLON. As highlighted by the Informants, till February 2014, there was no other…


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Others

SpicyIP Weekly Review (April 23-29)

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Thematic Highlights We have three thematic highlights: Mr. Rajiv’s Post critiquing the UK Unwired Planet v. Huawei decision. Inika’s Post on the “Darzi” TM. Prashant’s Post on the constitutionality of the new “Well Known” marks registration procedure. Mr. Rajiv, critiquing the UK High Court of Justice (Patents), covers the following ground: i. After pointing out a large number of details and excerpts, he argues that patent portfolios are antithetical to the FRAND terms and promotion them is problematic on account of limited consistency…


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Trademark

Arnab Goswami’s Republic TV Finds Itself in the Eye of Yet Another Legal Storm; Times Group Claims That Arnab Is Not Entitled to Use the Phrase ‘Nation Wants to Know’

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Regular readers of this blog may recall that we had blogged about the legal controversy surrounding the use of the word ‘Republic’ as the title of Arnab Goswami’s new show earlier this year. That controversy, which arose out of Subramanian Swamy’s assertion that the commercial use of the word ‘Republic’ is prohibited by the Emblems and Names Act can best be described as a ‘dog that did not bark’, inasmuch as Goswami decided to rename the show Republic TV to…


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Others

Government Forms Inter-Ministerial Group to Review Royalty Payment Outflows

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We have in the past covered government’s removal of restrictions on royalty payments by Indian companies to foreign collaborators in cases of technology transfers, usage of trademarks, brand names etc. and how this decision came to be misused by the foreign parent companies. As a first step towards undoing the abuse of this policy, an inter-ministerial group to examine the issue has been formed.  It is also rumoured that this move may be part of the proposed retaliatory measures against…


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Competition Law

CCI Order on Pharma Major Roche – I

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Brief background The Competition Commission of India (“CCI”) ordered detailed investigation against Pharma major Roche and its two group firms for alleged anti-Competition Law modus operandi with respect to the cancer drug, Trastuzumab. The regulator’s decision was delivered on information filed by pharmaceutical companies Biocon Limited, Informant No.1 (“IP-1”) and Mylan Pharmaceuticals Private Limited, Informant No. 2 (“IP-2”) wherein they, broadly speaking, alleged violation of Section 4(2) of Competition Act, 2002 (“Abuse of dominant position”). CCI concluded that there is…


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Copyright

Breaking News: IRRO Challenges Del HC’s DU Photocopy Judgment Before the Supreme Court

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In a latest development in the DU photocopy case, that we thought had come to a close with the publishers (OUP, CUP and Taylor & Francis) withdrawing the suit last month, the Indian Reprographic Rights Organisation (IRRO) has filed a Special Leave Petition before the Supreme Court challenging the judgment passed by the Division Bench of the Delhi High Court on December 9, 2016. The Division Bench, comprising Justices Pradeep Nandrajog and Yogesh Khanna, had refused to grant an interim injunction to the publishers,…


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