Allahabad High Court gives Plain Packaging of Cigarettes a go-ahead
Plain packaging received a smokin’ thumbs up from the Allahabad High Court in July 2014. The Allahabad HC allowed a writ petition asking for implementation of plain packaging and directed the...
View ArticleTech Plus Media v. Jyoti Nanda: On the Copyrightability of Databases
On 29th September, 2014, Justice Endlaw of the Delhi High Court dismissed a suit by a media house purporting copyright infringement on its database of users, as the database was “nothing but a...
View ArticleCancer drug price is NOT going from Rs 8000 to Rs 1.08lakhs!
There seems to be a lot of mis-information around the latest supposed “cap” on National Pharmaceutical Pricing Authority (NPPA)’s powers. I thought I would try to clear some of this up. 1. Why exactly...
View ArticleThe Gilead Licenses and a New Drug Era?
In a piece in the Indian Express a couple of days ago, I expressed some apprehension about the latest round of licensing agreements signed between Gilead and seven Indian generic companies. And argued...
View ArticleMAELS 2014- 3rd Annual Media, Advertising and Entertainment Legal Summit
SpicyIP is pleased to announce the 3rd Annual Media, Advertising and Entertainment Legal Summit (MAELS 2014). Details are as follows: An aggressive industry research that Lex Witness conducted within...
View ArticleThe interplay between S. 30 and S.33, Copyright Act
“This is the only manner in which both Section 33 and Section 30 [of the Copyright Act] can be harmonized. An absolute bar even on an agency, invoking Section 33, would undoubtedly run afoul of the...
View ArticleTrouble Brewing around NBER Paper on Indian Pharma – Part I
We’ve recently been informed of two events, one flowing from the other, both of which I would term as very disturbing in their own way. First, is this NBER Working Paper that concludes that it is...
View ArticleTrouble Brewing around NBER Paper on Indian Pharma – Part II
Yesterday, I wrote about the big storm brewing around an NBER paper which claimed that the Indian pharma industry was intentionally sending lower quality drugs to African countries. In response to this...
View ArticleNational Seminar on Law, Science & Technology
The Institute of Law, Nirma University are organising its 4th National Seminar on Law, Science & Technology: The Way Forward during 30-31 January, 2015 at Ahmedabad. With a vision to highlight the...
View ArticleNew Online IPR/Media/Tech Resources – For Students, Teachers and Researchers
We’ve recently come across some wonderful new resources that our readers may be interested in. As it’s often difficult to know what information is available where, and since it would be a shame if...
View ArticleBreaking News: AIDAN files PIL against NPPA decision to withdraw price...
The All India Drug Action Network (“AIDAN”) filed a PIL in the Delhi High Court today challenging the order dated 22.09.2014 whereby the National Pharmaceutical Pricing Authority (“NPPA”) has, under...
View ArticleSkinning Bad Pharma Patents: UK Shows the Way
In a very well reasoned decision, a UK court invalidated a pharmaceutical patent that merely combined two existing medicinal substances (along with a third solvent). Given that Indian patent law tracks...
View ArticlePublic Interest Prevails: Bristol-Myers Denied Interim Injunction in Patent...
On 26th September, 2014, a Hyderabad Trial Court denied an interim injunction to Bristol-Myers Squibb (BMS) in a suit against generic manufacturer Mylan regarding the export of HIV Drug Atazanavir to...
View ArticleMAELS 2014- 3rd Annual Media, Advertising and Entertainment Legal Summit
SpicyIP is pleased to announce the 3rd Annual Media, Advertising and Entertainment Legal Summit (MAELS 2014). Details are as follows: An aggressive industry research that Lex Witness conducted within...
View ArticleGuest Post: “India’s misguided response to our findings on the quality of...
We recently wrote a two part piece on an NBER paper that has been garnering quite a bit of attention for two reasons. First, because the authors conclude that India’s pharmaceutical companies may be...
View ArticleSpicyIP Belated Weekly Review (29th September to 5th October)
Some very interesting IP developments took place last week. SpicyIP Highlight of the Week! The SpicyIP Highlight of the Week was Swaraj’s post on the recent cap on NPPA’s power to control prices of...
View ArticleSpicyIP Tidbit: SC dismisses SLP in the trademark matter between Anchor...
In early June, I had covered the Single Judge and Division Bench decision of the Delhi High Court in the trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Procter and Gamble...
View ArticleTango Trademark Trouble
We’re happy to bring our readers a note on a recent Bombay High court order, by Shashank Mangal and Kamlesh Mali, students from ILS Law College, Pune. I must state up front that though they had sent...
View ArticleBom HC judgment on ‘honest concurrent use’
Justice G.S. Patel of Bombay High Court, in his recent judgment in ITM Trust & Ors. V. Educate India Society, examined the ambit of ‘honest concurrent use’ in Trade Marks Act, 1999. Brief Facts The...
View ArticleIndia-US IP working groups insufficient for USTR – Continuing with unilateral...
According to the US Federal Register, it appears the US Trade Representative will proceed with an Out of Cycle Review (OCR) for India to unilaterally ‘grade’ India’s IPR regime as they had announced...
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