ESPN SOFTWARE INDIA FILES FIR AGAINST VARNAM CABLE NETWORK (KERALA)

ESPN Software India, the sole licensee of TV channels ESPN, Star Sports and Star Cricket in India, has filed an FIR against Mr. Pradeep.P, representing Varnam Cable Network (a franchise of Asianet Satellite communications Ltd.) in Konni, Kerala under the Indian Copyright Act 1957. The cable network was alleged to be illegally broadcasting unauthorised feeds of ESPN, Star Sports and Star Cricket since 21 July 2011 (most likely in view of the increasing customers’s demands for coverage of the then ongoing England v India Test series), using a personal direct to home (DTH) set top box without authorised agreement or... Read More

NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION

Natco Pharma has filed India’s first Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the Bayer’s patented drug Sorafenib, marketed by Bayer as Nexavar for treating Kidney and Liver Cancer. Patent on Sorafenib is granted in India on 03.03.2008 having number IN 215758. This will be a landmark development of such licensing in India and being a test case would set a precedent for the forthcoming similar cases. The CL Application is published in the Official Journal of the Indian Patent Office and can be seen here. Section 84(1) of the... Read More

GEOGRAPHICAL INDICATION VS. TRADEMARK

As the title suggests, this article will ride you through interesting judgment given by Division Bench of Kolkata High Court recently in Tea Board, India vs. I.T.C. Limited upholding emphatically the earlier decision of the Single Judge. This is a very interesting decision, not just because it is the upholding of first ever decision given by an Indian court on the infringement of a registered GI; but also because it may have significant implications on the protection of GI rights in the country in the times to come. Brief Facts - The Tea Board is the registered proprietor of the GI... Read More