Monday August 9, 2021. BY IndiaLaw Research | Civil The Supreme Court in South Eastern Coalfields Ltd & Others vs. M/s S Kumar’s Associations AKM (JV)[1] ruled that a Letter of Intent (“LoI”) is not a binding contract unless such an intention is evident from its terms. The Supreme Court observed, “The judicial views before
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SpicyIP Weekly Review (August 2 – 8)
Madras HC on the Right to be Forgotten: A Welcome Development? Forget-me-not (Myosotis arvensis). Hand drawn botanical vector illustration In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted
... Continue Reading.After Natco’s Withdrawal, Bajaj Healthcare files for Compulsory License to Manufacture Baricitinib
Eli Lilly’s Logo (image from here) A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides
... Continue Reading.Centre feels no compulsion to issue Compulsory Licenses for COVID-19 treatments
Image from here May 2021 has been an interesting month so far for compulsory licenses. First the Supreme Court inquired about the Government’s position on issuing CLs for COVID-19 related drugs and vaccines, then Natco filed an application requesting a compulsory license for Baricitinib. This is followed by Delhi HC’s interim order, where it too
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Topical Highlights Pic of package cover for olumiant baricitinib Natco Files Compulsory Licence Application for Covid Drug Baricitinib? Swaraj wrote about Natco’s application for a compulsory license to manufacture the drug Baricitinib. He reports that the application points to studies showing that Baricitinib in combination with Remdesivir is more effective for patients with Covid 19,
... Continue Reading.Natco Files Compulsory Licence Application for Covid Drug Baricitinib
In an interesting development, Natco has approached the Controller of Patents for a Compulsory Licence under Section 92 of the Patents Act, for the drug Baricitinib. The 12 page application is available here. Baricitinib is generally used to treat diseases like rheumatoid arthritis and has been “reportedly approved” (as per the application) for such use
... Continue Reading.SC Issues Interim Order in Suo Motu COVID-19 Case: Raises Questions on Vaccine Procurement Process, Compulsory Licensing and More
Representative image of Covid vaccine (from here) A couple of days ago, I wrote about the Supreme Court’s first hearing in the suo motu Covid-19 case that took place on 30th April, discussing the questions raised by the bench. The interim order resulting from this hearing is now out. The order discusses the implementation of
... Continue Reading.The Compilation of the Decade of SpicyIP Posts on IPAB
“In Hindsight I wish I had more Foresight” Image by Timothy Appnel, from here. CC BY-NC-ND 2.0 [Co-authored/compiled with Praharsh Gour] Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall
... Continue Reading.Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment: SC
It cannot be denied that the Apex Court has yet once again taken a firm stand in a latest, landmark, laudable and learned judgment titled “The State of Rajasthan & Ors vs Love Kush Meena” in Civil Appeal No. 3894 of 2020 in exercise of its civil appellate jurisdiction delivered just recently on March 24,
... Continue Reading.Justice Manmohan Singh Holds Hearings in the IPAB despite the Supreme Court ruling
Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement
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