Tag Archives: SpicyIP Tidbits

Patent

SpicyIP Tidbit: US and Switzerland back out of NVC norm

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Earlier this year, Swaraj had written a detailed post about the US and Switzerland were threatening India’s pharmaceutical policy, including Section 3(d)  with a controversial norm known as NVC. NVC stands for Non-Violation Complaint  and the provision would allow a WTO member to bring complaints to the WTO even if the TRIPS agreement was not violated. As Swaraj had stated, “A “non-violation” complaint is one wherein a WTO member alleges that despite no actual violation of an Agreement, there has been…


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Design Patent Trademark

Spicy Tidbits: Novelty with respect to the administration of IPRs: New Draft Patent Rules and a New Controller General of Patents, Designs and Trademarks

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We bring to you two new tidbits about the IPR scene in India. A new set of draft rules amending the Patent Rules, 2003 have been released by the DIPP. The new draft rules are available here. It is interesting to note that there are changes in the patent working rules. Readers may remember the PIL filed on this very same issue by Prof. Basheer (see here). Mathews will bring out a detailed post on this issue. Additionally, the new…


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Copyright

SpicyIP Tidbit: Audio companies v. Film Producers

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In continuation of a recent trend of audio companies suing film producers for copying their songs in part or in full, Lahari Audio has sued K A Suresh, producer of the film RX Suri alleging that he has copied two of their songs in this film. A Bangalore City Civil Court has issued summons to the producer after there was no response to the notice issued. Lahari Audio claims that the producer had approached them about using the songs and…


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Publication

SpicyIP Tidbit: Job Posting: Yale Clinical Fellowship in Global Health Justice

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We bring to our readers news about the Yale Clinical Fellowship in Global Health Justice. Please read below for details. The Yale Clinical Fellowship in Global Health Justice is a two-year position designed for graduates of law and public health schools as well as other health professionals with experience in domestic and/or international health policy and advocacy who are interested in preparing for a career in global health justice or interdisciplinary clinical teaching. The Fellow will supervise the experiential learning…


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Others

SpicyIP Tidbit: Sun Pharmaceuticals-Ranbaxy deal

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Sun Pharmaceuticals, one of India’s largest drugmakers is acquiring competitor Ranbaxy Laboratories for $3.2 billion from Japan’s Daiichi Sankyo Co. Daiichi Sankyo, the majority shareholder in Ranbaxy will acquire a 9% stake in Sun Pharmaceuticals after the deal and also has an option to send a board member to Sun Pharmaceuticals. This deal, which comes when Ranbaxy is under some regulatory scrutiny in the USA (according to media reports), will catapult the combined entity to India’s largest pharma company and…


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Copyright Others

SpicyIP Tidbit: Shruti Hassan contemplating legal action for dubbing her film D-Day into Tamil without her consent

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Shruti Hassan, who played the role of a Karachi call girl in the controversial film D-day directed by Nikhil Advani has stated that she is contemplating legal action. This decision of Ms. Hassan came into the public domain through an official press release by her in which she stated that the dubbing of D-day into Tamil as Dawood constitutes a clear breach of contract as it was done without her consent or approval. She has also disassociated herself from the…


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Trademark

SpicyIP Tidbit: ‘Grand Masti’ restrained

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It has come to our attention, courtesy Ms. Abhilasha Niroola, that the makers of the newly released Bollywood film ‘Grand Masti’ have been restrained by the Delhi High Court from using the name and banner of ‘ICICI Bank’ in its movie, vide an ex parte order. The order was sought by ICICI banks on the ground that ‘ICICI Bank’ was a registered trademark, the trailer of the movie showed the name and banner of the bank in the context of…


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Spicy IP Tidbit: WIPO’s Innovation Division falling victim to Budget-cut?

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Image from here A few years back, an innovation division had been set up by WIPO (World Intellectual Property Organization), which was the brainchild of the incumbent Deputy Director General Pooley and was spearheaded by several prominent U.S. patent attorneys. Unlike most of WIPO’s activities, this went relatively unnoticed, devoid of much media exposure or publicity. However, the possible death-knell has perhaps been sounded for this young venture, if one is to believe a recent joint letter sent on July…


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SpicyIP Tidbit: Controller General restores name of OCI ‘Patent Agent’ to Patent Agent Register

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Dual citizenship in India, which was recognized, only a few years ago by Indian law, is giving rise to some very interesting legal issues before Indian courts. One such issue was whether Indian Patent Agents, who accepted citizenship of other countries, while retaining the status of ‘Overseas Citizen of India’, could continue to be recognized as registered Indian Patent Agents. In October last year, we had blogged about a judgment of the Karnataka High Court, where the Court had quashed…


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Spicy IP tidbit:Merck files patent infringement suit against Glenmark‏

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Yesterday we had blogged about Glenmark’s brazen move to launch generic version of Merck’s Januvia. As expected, Merck has filed a patent infringement lawsuit agaisnt Glenmark pharmaceuticals in the Delhi high court.Brief details can be accessed here.This will be a case to watch out for sure!It will be interesting to see whether the courts follow the Roche vs Cipla reasoning or have an entirely different take on this altogether. We will keep you posted!


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