Trademark

‘Retroactive Bad Faith’ Gets a Quiet Burial – UDRP Moves Towards Fairer Standards for Domain Registrants


Domain names constitute the signposts for the world wide web, making it possible to navigate the immensity of the internet. Given the transnational nature of the internet and the domain name registration system in particular, it was realized early on in its development that a suitable system must be developed to protect the rights of trademark holders in domain names, to prevent the misuse of brands and secure better consumer protection. Therefore, the ICANN, the apex body responsible for administering…


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Innovation

Global Innovation Index: General Deconstruction and Critique


In October 2017, I posted a brief report on the Global Innovation Index (GII) 2017 (10th edition). Over the course of the ensuing write-up, I have attempted to provide a more general review of the GII, albeit basing most viewpoints on recent reports (including the 2017 report). The objective is to acquire a better understanding of (a) the process behind such indices, (b) the inherent subjectivity and also, (c) take note of a few limitations of the GII. The GII…


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Others

SpicyIP Weekly Review (March 4 – 10)


By way of a special report that I highly recommend to our readers, Prashant & Balaji brought us this week’s topical highlight. The report draws on a recent coverage by The Hindu reporting limited access to Bedaquiline, which has been touted to be the most promising drug for the treatment of multi-drug resistant tuberculosis (MDR-TB) and is patented by US based company, Janssen. Subsequently diverging from the Hindu report, Prashant and Balaji take us through their own research on the…


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Drug Regulation

Finally, The Hindu Acknowledges the Clinical Trials Issues Regarding New TB Drugs but through Rose-tinted Glasses


The Hindu published yet another story in today’s edition on the issue of access to the new TB drugs like bedaquiline and delaminid. We’ve been tracking The Hindu’s coverage of this issue on the blog over here, here and here. Unlike the earlier reportage, The Hindu has finally acknowledged some of the issues that we have flagged relating to safety and efficacy of both drugs, given pending clinical trials. Today’s report notes that both drugs “are yet to pass large-scale…


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Patent

How Does Inclusion of Patented Drugs in a WHO EoI Make Them More Affordable?


Over the last week, The Hindu has been reporting on the issue of access to two new TB drugs called bedaquiline and delaminid. As Balaji and I have pointed out in our last two posts on SpicyIP, there are serious issues with both stories that The Hindu published on March 3, 2018 and March 4, 2018. A third story published in today’s edition of the paper, titled “WHO launches plan for cheaper TB drugs” is with regard to a recent…


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Events

SpicyIP Events: 5th WTI – CWS Joint Academy on International Trade Law and Policy [June 4-29, New Delhi]


We are pleased to announce that The World Trade Institute of the University of Bern, Switzerland and the Centre for WTO Studies, Indian Institute of Foreign Trade, India will be conducting the 5th WTI – CWS Joint Academy on International Trade Law and Policy (“Joint Academy”), from June 4 to June 29, 2018 in New Delhi. The last date for submission of applications is March 30, 2018. For further details, please read the Call for Applications below: 5th WTI – CWS JOINT ACADEMY ON INTERNATIONAL…


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Patent

In a Well-Reasoned Judgment, Delhi High Court Rules in Plaintiff’s Favour in a Suit for Patent Infringement


In a well-reasoned judgment issued recently, the Delhi High Court (“Court”) adjudicated upon a suit for patent infringement comprising three patents over insecticides and herbicides. The three patents owned by the plaintiff relate to a herbicidal composition. The distinctive attribute of the composition developed by the plaintiff is this: it is an amalgam of 2 compounds each of which combats different kinds of weeds. More specifically, the composition consists of a compound called Metsulfuron, which controls grassy weeds and a…


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Drug Regulation

RTI Replies Reveal the Deal between Janssen and the Ministry of Health on Bedaquiline


Co-authored with Balaji Subramanian, 5th Year student NALSAR University of Law Subsequent to our previous post, we got a copy of some of the correspondence between Janssen and the Ministry of Health under the RTI Act. We were under the impression that our request for the information was transferred to the CDSCO which then disposed the application without giving us the requisite information. However, it appears that the application was transferred back to the Central TB Division, which processed the…


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Patent

Patent Office Calls for Comments on Patent Working Disclosure and Form 27


(This post has been co-authored with Prof. Shamnad Basheer) [Edit: The deadline for submission of comments has been extended to March 23, 2018] As reported last month, in our Patent Working PIL, the Delhi High Court asked the Government to submit an affidavit outlining the proposed framework and timeline for enforcing the patent working disclosure mandate. The court also asked the office to consider reviewing/revising the Form 27 format to make it more optimal. To this end, the Patent Office…


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Drug Regulation

Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline


Co-authored with Balaji Subramanian, 5th year student, NALSAR University of Law Prologue Last Sunday, The Hindu ran a piece on its front page alleging that  the government was not even considering the option of issuing compulsory licenses for a newly patented drug called bedaquiline, despite access to the drug being restricted to less than 1,000 patients. Bedaquiline, which is currently the most promising drug candidate to treat multi-drug resistant tuberculosis (MDR-TB) was developed and patented by Janssen and The Hindu…


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