Competition Law

Star India and Sony in Troubled Waters over CCI Order


[Warning: Long post follows!] The CCI, in a recent order dated 27th July, 2018, passed under Section 26(1) of the Competition Act, 2002 (“the Act”), instructed the Director General to investigate claims of price discrimination made by the Informant, Noida Software Technology Park Limited (“NSTPL”) against Star India Pvt. Ltd. (“Star India”), Sony Pictures Network India Pvt. Ltd. (“Sony”) and Indian Broadcasting Foundation (“IBF”). Factual Overview NSTPL is a distributor of TV content and it uses the new Head-end in…


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Trademark

Delhi HC Awards Punitive Damages for Infringement of Christian Louboutin’s Red Sole Trademark


Justice Yogesh Khanna of the Delhi High Court, in his judgment dated July 31, 2018 (“Louboutin-3”), has granted permanent injunction and punitive damages against a Delhi based retailer for infringing the famed ‘Red Sole’ trademark of Christian Loubutin. The order appears to have taken a diametrically opposite view to the one taken by another judge of the same Court, Justice Valmiki Mehta, who barely a month ago, had held that Christian Louboutin’s ‘Red Sole’ Trademark was not eligible for trademark…


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Patent

SpicyIP Tidbit: Novartis Pursues Aggressive Patent Strategy with Respect to Drug Vildagliptin


According to Times of India, Novartis obtained favourable court orders restraining five Ahmedabad-based pharma companies from manufacturing its patented drug for diabetes, Vildagliptin. Further, citing validity of its patent till 09 December 2019, Novartis moved the commercial court in Vadodara to ensure that four other companies do not get into production of the drug. It is reported that Novartis approached the Court after obtaining the requisite information from the State Government.


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Drug Regulation

Special Report: The Judicial and Policy Quackery Behind the Regulatory Restrictions on Oxytocin


Long read There has been panic and alarm amongst doctors, especially gynecologists, since the announcement by the Ministry of Health & Family Welfare (MOHFW) on June 27, 2018 that only one public sector undertaking, Karnataka Antibiotics & Pharmaceutical Ltd. (KAPL) would be authorized to manufacture and supply oxytocin for the Indian market from July 1, 2018. The drug oxytocin is considered a critical hormone for maternal healthcare since it is used for inducing labour and more importantly, to control bleeding…


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Others

SpicyIP Weekly Review (July 30-August 5)


Thematic Highlight Prof. Basheer and Pankhuri provided a critical analysis of the National IPR Policy 2016. They note that the policy is not worth celebrating, since it largely endorses dogmatic views of IPR and lacks the creativity necessary for a robust policy framework. They do, however, point out that the policy has done well to recognise the importance of open-access works and rewarding innovation through prizes and awards. They provide excerpts of their recently published paper, which provides the first…


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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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