India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow?

/ By / Patent

The World Intellectual Property Organization (WIPO) recently published its annual World IP Indicators for the year 2023, detailing the different trends in the filing of IP applications and the subsequent grants by IP offices across different jurisdictions. In this short post, I’ll take a look at the India-specific figures in terms of patent filings, grants, and procedural data about the Indian Patent Office.  Countries with Highest Applications and Grants  But before we get to India, let’s take a look at […]

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Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

/ By / Patent

[This post has been co-authored by Swaraj Paul Barooah and Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here]. On September 29th, 2023, the Pharma giant, Johnson and Johnson (“J&J”) made headlines around the world after they (finally) announced that they will no longer enforce their patents for bedaquiline (brand name:

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Overview of the S. 3 landscape on patenting biotechnology inventions in India

/ By / Others

[This post has been co-authored with Rahul Bajaj. All views expressed are personal]. Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Trends such as the association of AI with life sciences, the growth of start-ups / non-traditional companies investing in life sciences, reduced spending on small molecule-drugs and promising new biotech treatments, indicate that windows of opportunity for investment in this sector are opening up. Unlike

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Journey Through “Octobers” on SpicyIP (2005 – Present) 

/ By / Others

Image from here As October passed, Halloween festivities and the Day of the Dead provided a backdrop for contemplating the past. After all, reflecting on what’s passed helps us anticipate what’s ahead. This brings me to my Octobers’ sift – a sift that yielded some sinuous ​​IP stories. Those who haven’t checked our Sifting Through SpicyIP Pages series yet, can check SpicyIP Flashbacks and see what we found thus far while journeying through the months of Junes, Julys, Augusts, and

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Division Bench of Delhi High Court: IP Suits No Longer to Automatically Be Listed Before Commercial Courts

/ By / Others

[This post is co-authored by with Swaraj Paul Barooah. The authors would like to thank Aditya Gupta for his input. Views remain those of the authors’ alone.] In a major development bound to impact IP litigation in Delhi, a Division Bench (DB) of the Delhi High Court in Pankaj Ravjibhai Patel v. SSS Pharmachem Pvt. Ltd overruled the Single Judge’s key directions in Vishal Pipes Ltd. v. Bhavya Pipe Industry. To quickly recap, the Vishal Pipes judgement directed that all

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Ayur United Care LLP v. UOI: Where do Appeals from IPAB lie?

/ By / Others

[This post is authored by SpicyIP Fellow Yogesh Byadwal with inputs from Swaraj and Praharsh. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here.] Recently on October 16, 2023, the Delhi High Court in Ayur United Care LLP v. UOI made important observations regarding the listing of writ petitions challenging orders passed by the (now

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IP Rights, Access, and WHO’s Pandemic Accord

/ By / Patent

On February 1, 2023 the Zero Draft of the WHO’s proposed Pandemic Prevention, Preparedness and Response Accord was published by the Intergovernmental Negotiating Body. Bringing us up to date with the key aspects of the accord and the current stage of negotiations, we are pleased to bring to you a guest post by SpicyIP intern Arnav Laroia. Arnav is a second-year law student at West Bengal National University of Juridical Sciences, Kolkata. He is interested in understanding and advocating for

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Image with SpicyIP logo and the words "Weekly Review"

SpicyIP Weekly Review (October 30- November 5)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case Are Compulsory Licenses the cure for assuring access to drugs? In her detailed post, Tejaswini Kaushal takes a deep dive into the facts of the ongoing case before the Kerala High Court

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Potential Loopholes in the Execution of Local Commission

/ By / Others

IP lawyers would agree that local commission plays an extremely important role in IP litigation by assisting the court in securing evidence against the allegation of infringement. Highlighting potential vulnerabilities in executing a local commission and discussing the solutions to overcome them, we are pleased to bring to you a co-authored post by Rohit Pradhan and Brahmakrit Rao Gadela. Rohit is an IPR litigator working as an Associate at LitLegal, practising before Hon’ble Delhi High Court and Districts Court in

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Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case

/ By / Patent

[This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law]. Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“CL”) for breast cancer medications, Ribociclib and Abemaciclib. In an affidavit filed before the

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