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The New IPR Policy: A Painful Paradox!
Swaraj recently announced the piloting of a new Indian IPR policy, found here on the DIPP website. In this Hindu editorial, I take issue with a fundamental flaw permeating this policy, namely the...
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(SpicyIP Tidbit) India signs Landmark Collaboration Agreement with WHO to...
In a press release dated 14th May 2016, the Ministry of AYUSH has declared that it has inked a major collaboration agreement with the World Health Organization “for cooperation on promoting the...
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Patent Rules Amendment 2016: Tatkal Patents, Benefits for Startups and US...
The Office of the CGPDTM has on 14th May 2016 issued a public notice on the publication of amended Patent Rules, 2003. Accordingly, the Patent (Amendment) Rules, 2016 (Amended Rules) were published...
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Delhi HC’s Split Views on the Apple Trade Mark Issue
In this post, Prateek Surisetti, our SpicyIP-Fellowship applicant, examines the “splitview” trademark case before the Delhi High Court. [Editor’s note: A typo in the heading of one of the arguments...
View ArticleRoche Moves Delhi HC to Challenge the Approval Granted by DCGI to Yet Another...
A couple of weeks ago, I had analyzed the Delhi High Court’s judgment here and here, delivered by Justice Manmohan Singh, imposing some conditions on the sale of Roche’s breast cancer drug,...
View ArticleCreative Constraints: A new Perspective
In this post, Vasundhara Majithia, our SpicyIP Fellowship applicant, examines and puts to test the popular belief that copyright constricts creativity and provides a new perspective on whether...
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Guest Post: India creates a ‘licence of rights’ system for GM patents: Is it...
We are happy to bring our readers a guest post by Prashant Reddy – a prolific writer, a Delhi based lawyer and a person who otherwise needs no introduction on this blog! Through this incisive post, he...
View ArticleSpicyIP Weekly Review (May 15 to 22)
This week’s highlight is undoubtedly Prof. Basheer’s hard-hitting critique of the recently released National IPR Policy (Final Policy). He points out that the so-called innovation-oriented Final Policy...
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SpicyIP Tidbit: FICCI’s Online Certificate Courses on IPR- Announcement for...
We are happy to inform our readers that a new round of registrations has commenced for the online certificate course on “Intellectual Property Rights & Competition Law (IPComp)” conducted by the...
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Blue Frog v Blu Frog: Piggybacking on Reputation
We bring to you a tidbit that will interest regular visitors of the Blue Frog restaurant in Mumbai. The Bombay High Court recently passed an interim order in Frog Company Pvt. Ltd v. Blu Frog Kitchen...
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SpicyIP Events: Public Lecture on ‘Free Speech and Free Markets: The View...
The Centre for Innovation, Intellectual Property and Competition at National Law University, Delhi is organising a public lecture on ‘Free Speech and Free Markets: The View from Intellectual Property’...
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Consilience 2016 – Final Schedule
As the event draws near, we have just put the finishing touches in the schedule for Consilience 2016! The final schedule for the event is attached below. You can register for the event by sending an...
View ArticleThe Sovaldi Saga: A “Novel” Non-Obvious Standard?
In a previous post, I’d promised to bring a more detailed analysis of the problematic patent decision in the Sovaldi (Sofosbuvir) post, wherein Gilead won a hard fought patent battle against some 8 odd...
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Solving Sovaldi: Whose Drug is it Anyway?
As I’d mentioned in yesterday’s post, a very interesting development is brewing in the US in relation to the Gilead “Sovaldi” controversy. As some may be aware, the key prior art relied on by...
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Reflecting on the US Special 301 Report 2016: Patently Insignificant(?)
The United States Trade Representative (USTR) on 12th April released its 2016 version of the annual Special 301 Report on IP protection and enforcement. I understand that many of our readers may...
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Crowning Glory at the IPAB: Singh will be King?
As some of you know, the IPAB has been without a chairman these past two weeks, ever since Justice Basha attained super-annuation in mid May. The Times of India reports: “Patent and trademark disputes...
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USTR urged to clarify position on compulsory licensing of generic medicines
For those of you who were at ‘Consilence’ yesterday, it would be hard to forget the engaging and very memorable final session we had on ‘Compulsory Licensing and Compensatory Commons’. Prof. Srividya...
View ArticleSpicyIP Weekly Review (May 22nd – 29th)
SpicyIP Highlight of the Week Our highlight of the week undoubtedly has to be Prof. Basheer’s two-part analysis of the decision of Deputy Controller, Rajesh Dixit, overruling all the objections to the...
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The Other Mass Killing: TM Genericide
We bring to you a guest post by Harshavardhan Ganesan on the issue of trademark genericide and what companies can do to prevent it. Our previous posts on this topic can be found here and here....
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Ritu Kumar v. Biba : Designs free at 50?
Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most...
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