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New CRI Guidelines seem to be result of Patent Office Overreach
The fight against Software Patents, repeat and rewind. On going since 2005 Troubling times lie ahead for the Indian IT sector as the recently released Guidelines for Examination of Computer Related...
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Through the Looking Lenz – A discourse on Fair Use
The US Court of Appeals for the 9th Circuit last week issued its landmark ruling in the case of Lenz v. Universal, arguably changing the face of fair use and takedown notices from the ground up. This...
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Oh how the mighty fall ! – SC dismisses IPRS’ Special Leave Petition
It’s been a few years since SpicyIP first started tracking IPRS and its illegal exploits. Today, we’re rather pleased to announce that the notorious extortionists-cum-serial scamsters have finally,...
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The good that Martin Shkreli has done
As many of our readers may have heard by now, Martin Shkreli, ex-hedge fund manager and current founder and CEO of Turing Pharmaceuticals is currently in the eye of a torrid storm of anger after he...
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SpicyIP Tidbit: Monkey Business and Birthday Songs
American copyright law seems to have seen a couple of interesting developments in the last few days. Over this post I’ll quickly give you the rundown on both. You remember the monkey selfie? If you...
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Short-sighted Doordarshan Drama
Recently, the Delhi High Court issued an interim injunction against Doordarshan in a copyright matter between acclaimed playwright, Dr. Sayeed Alam, well-known Indian actor, Mr. Thomas Alter and...
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Patent office rejects Tofacitinib patent application: An analysis [Part I]
On September 3, 2015, the Indian patent office rejected Pfizer’s Tofacitinib patent application 991/MUMNP/2003 second time around. The patent was rejected based on grounds of anticipation by prior...
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Patent office rejects Tofacitinib patent application: An analysis [Part II]
Part I of this post examined whether the cited prior art actually qualifies as prior art for the purposes of prior claiming and also analyzed the patentability of an enantiomer over a racemic mixture....
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Data exclusivity: IPA letter to Min opposes any change to Indian law
From here The India-US bilateral talks starting tomorrow could mean renewed scrutiny of India’s IP regime and a letter from the Chairman and ranking members of the Ways and Means and Finance Committees...
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SpicyIP Weekly Review (20 June – 27 June, 2015)
Folks, we’ve had a pretty good run this week ! Here’s a quick glance at all that we’ve covered – SpicyIP Highlight of the Week ! Our SpicyIP Highlight of the Week is Swaraj’s excellent post...
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Youth Workshop on IP, Public Health and Access to Medicines
The 4th Global Congress on Intellectual Property and the Public Interest, scheduled to be held from 15-17th December, 2015 at National Law University, Delhi is fast approaching. Interested candidates...
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Creation of “Linux for Drugs” gets support from Tata Trusts
In what could turn out to be quite a significant development for pharma innovation combined with affordable medicines, Tata Trusts have announced that they will support the creation of the Open Source...
View ArticleSpicyIP Tidbit – Economist and IP innovator Heidi Williams awarded the...
We have some incredibly gratifying news for you folks today! Economist Heidi Williams, who’s done some fascinating work tracking the implications of patent regulations and technology changes on...
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The Trans-Pacific Partnership has been signed!
(Image Source: https://flic.kr/p/hmyABh) In one of the most significant and, quite possibly the most damaging, developments in the IPR world in the recent past, the secretive Trans-Pacific Partnership...
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Tidbit – LDCs: “Too poor to be news”?
(Image Source: https://flic.kr/p/ozfUwL) In a matter that remains largely ignored by most of the mainstream media, one of the greatest points of discussion and dispute in IPR at the international level...
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Passing off : Descriptive mark must have acquired ‘secondary meaning’, merely...
In a recent matter before the Bombay HC – Pidilite Industries Ltd. And Anr vs Vilas Nemichand Jain And Anr – the Court considered the question of whether, in an action for passing off in relation to a...
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A “Madhu” Victory for Merck: Busting the Patent Bias Myth!
Does India Suffer a Patent Bias? Clearly not! At least if one were to go by the Delhi High Courts’ recent ruling vindicating Merck’s patent (covering an anti diabetic drug, Sitagliptin) and restraining...
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Questionable Witnesses and Unquestionable Reasoning: Observations on Merck v....
Wednesday saw the Delhi High Court deliver judgement (PDF) in Merck v. Glenmark, a two-year-long patent infringement case concerning Merck’s patented anti-diabetic Sitagliptin (marketed under the brand...
View ArticleSpicyIP Tidbit: New IPR Policy in 2 months
Earlier this week, ET quoted DIPP Secretary Amitabh Kant as saying that the Indian government would be announcing a “completely new” IPR policy in the next two months that would be “one of the finest”...
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NSE v. Moneywise.com defamation case: examining the new legal standards
In an attempt to moderate the skewed power and resource balance between individual journalists/bloggers and powerful corporations (characteristic of SLAPP litigation), in relation to defamation...
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