We’re pleased to inform you that DPIIT IPR Chair at Maharashtra National Law University (MNLU), Nagpur is organising a three day free virtual workshop for students on ‘Nuances of Patent Processing’ from October 26-28, 2020. For further details, please read the announcement below. Three-day Virtual Workshop on ‘Nuances of Patent Processing’ by DPIIT IPR CHAIR at Maharashtra National Law University, Nagpur | October 26-28, 2020 The Chair for Intellectual Property Rights of Maharashtra National Law University, Nagpur proposes three-day virtual…

Is Copyright a Hindrance for Open Access in India?

by SpicyIP October 25, 2020

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On the occasion of International Open Access Week, we’re delighted to bring to our readers an insightful post by Dr. Arul George Scaria, discussing whether the process of relinquishment of rights granted to authors under the Indian copyright law may cause copyright to be a hindrance for open access in India. Dr. Scaria is an Associate Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. He did his doctoral…

Opportunities Publication

Call for Papers: NUALS’ Book on Sustainability and Intellectual Property Law [Submit by December 30]

by SpicyIP October 24, 2020

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We’re pleased to inform you that the Centre for Intellectual Property Rights at National University of Advanced Legal Studies (NUALS), Kochi is seeking papers for its book on the theme: ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The last date for the submissions is November 15, 2020. [Edit: The deadline has been extended to December 30, 2020.] Call for Papers: NUALS’ Book on Sustainability and Intellectual Property Law The Centre for Intellectual…

Patent

Nivolumab and 5C4 – Big Brother or Twin brothers?

by SpicyIP October 23, 2020

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As there is a lot of text here, please reach out to swaraj@spicyip.com for an accessible copy of the flowchart

We’re pleased to bring our readers an in-depth post looking at the grant of a patent application related to the anti-cancer drug Nivolumab, written by Dr. Venkata Subramanian Raman and Ms Sai Ratna Manjari. Dr. Venkata Subramanian Raman is a registered patent agent and proprietor of Patentszone, and Ms. Sai Ratna Manjari is a registered patent agent providing IPR consulting service and also associated with Patentszone. (Please note that given the nature of examination in the current post, it is…

Trademark

Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits

by Praharsh Gour October 22, 2020

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In an interesting turn of events, the Delhi HC on 12th October, 2020, vacated an interim injunction effectively permitting the Respondent (Treasure Vase Ventures Pvt. Ltd.) to use the impugned trademark ‘DELIVER-E’. In doing so the court held that the Applicant’s (Delhivery Pvt. Ltd.) registered trademark ‘DELHIVERY’ is phonetically similar to the English word ‘delivery’ and is a generic mark, not eligible for benefit of statutory rights. The court reiterated that unless a generic mark has achieved distinctiveness, it cannot…

Patent

China Enters the Realm of Anti-Suit Injunctions in Standard Essential Patent (SEP) Cases

by SpicyIP October 21, 2020

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We’re pleased to bring to you a guest post by Dr. Enrico Bonadio (City, University of London – Fellow of the Innovators Network Foundation during 2019-2020), Dr. Luke McDonagh (London School of Economics – Fellow of the Innovators Network Foundation during 2019-2020) and Dr. Plamen Dinev (Goldsmiths, University of London), commenting on the recent Chinese decisions granting anti-suit injunctions in two SEP cases, one of which was discussed on the blog earlier this month here. China Enters the Realm of…

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

by Praharsh Gour October 20, 2020

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In the first part of this two-part post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs, notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina,…

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I

by Praharsh Gour October 20, 2020

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On 2nd October, 2020, India and South Africa issued a joint statement before the WTO TRIPS Council, with a request to waive “the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19.” This waiver, annexed with a draft decision for the WTO General Council, was requested to ensure that IPRs do not encumber the access to affordable medicines or R&D, manufacturing and…

Patent

Only ‘Disclosed’ if ‘Identified’: IPAB Quashes Ceritinib Patent Revocation

by Adyasha Samal October 19, 2020

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An IPAB bench consisting of Chairman Manmohan Singh J. and the new technical member for Patents Dr. B.P. Singh has quashed the Controller of Patent’s decision that revoked Novartis’s patent on the anti-cancer drug Ceritinib. It held that while the compound was contained in a broader genus patent, it was not ‘disclosed’ therein, as it hadn’t been specifically identified. The 104-page order examines several issues regarding novelty and obviousness, the extent of coverage and disclosure, and timelines for filing of…

SpicyIP Weekly Review (October 12 – 18)

by Anupriya Dhonchak October 19, 2020

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Topical Highlight Delhi High Court Issues Anti Anti-Suit Injunction in InterDigital v. Xiaomi Patent Infringement Dispute In a guest post, Rajiv looks at the anti anti-suit injunction granted by the Delhi High Court (‘DHC’) against Xiaomi in the patent infringement dispute with InterDigital. He highlights that the court viewed the lis as not impacting the proceedings before the Wuhan Court concerning fixation of FRAND rates. He considers that Xiaomi should have pursued a different strategy than the one it adopted….

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

Virtual Workshop for Students on ‘Nuances of Patent Processing’ [October 26-28, 2020]

Is Copyright a Hindrance for Open Access in India?

Call for Papers: NUALS’ Book on Sustainability and Intellectual Property Law [Submit by December 30]

Nivolumab and 5C4 – Big Brother or Twin brothers?

Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits

China Enters the Realm of Anti-Suit Injunctions in Standard Essential Patent (SEP) Cases

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I

Only ‘Disclosed’ if ‘Identified’: IPAB Quashes Ceritinib Patent Revocation

SpicyIP Weekly Review (October 12 – 18)

Patent Drafting Positions

DIGITAL Fellowship 2021