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Protecting the Allure: Trademark and Celebrities

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A CELEBRITY is a person who is widely recognized in each society and commands a degree of public and media attention. A person can be said to be a celebrity when he is popular in public eye. As per Oxford definition A “celebrity” is a person in the public eye who, for better or worse, has earned fame or infamy, or found renown or scandal, as a consequence of some act or supposed quality, and is celebrated as a result. Today, the word is often associated with people in the entertainment business. Linked closely to fame, and dependent on the media for both public circulation and image evolution, “celebrity” is a word with a long history and extraordinary cultural significance. It is also a concept that had been radically redefined and expanded over the past three hundred years. pc: www.britannica.com The concept of being a celebrity started since 1862 when Sarah Bernhardt (first international stage star, October 23, 1844–March 26, 1923) debuted in the title role of Racine’s  Iphigénie
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Novartis v. Natco_The abandonment of a divisional patent application does not render the parent patent unenforceable.

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(image credit:  livelaw.in ) Patent in suit : IN276026 (Novartis: Expiry:    20/05/2024) Molecule: Ceritinib Annual sale in India: 105,947,883 INR (As per Form 27, 2019) & 87,671 261,970,291 INR (2022-23: As per Form 27) Judgment Pronounced on : 9 April 2024. Conclusive Remark: The Delhi High Court has rejected the O39R4 application filed by the Defendant, NATCO, which sought to lift the injunction order in favor of the Plaintiff, Novartis. Interesting fact & remark of DHC : 1.      The Division application filed by Novartis was not rejected on its merits but because Novartis chose not to pursue the application. This decision does not prevent Novartis from contesting the validity of the patent challenged by the opponent. 2.      Even if the rejection of the division application were considered on its merits, the Controller's decision is not binding on the court. Upon independent analysis, the court has found that the suit patent is not vulnerable to invalid
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Xspray and BMS settled the litigation for the Dasatinib outside of the court.

Case No 1:22-cv-00964-RMB-MJS2023 Plaintiff and Counter-Defendant: BRISTOL-MYERS SQUIBB CO., Defendant and Counter-Claimant: XSPRAY PHARMA AB Drug Product: Sprycel® Dasatinib Tablet (Applicant: BMS) Dasynoc® dasatinib (Applicant: Xspray )   Patent(s)-in-Suit:   US7491725 (“the ’725 patent”), US8680103 (“the ’103 patent”), and US8242270 (“the ’270 patent”)   FACTUAL AND PROCEDURAL BACKGROUND: ·         Bristol-Meyers Squibb (“BMS”) owns the patents-in-suit and sells Sprycel, a drug used to treat chronic myeloid leukemia and Philadelphia chromosome-positive acute lymphoblastic leukemia. ·         The patents-in-suit claim various crystalline forms of dasatinib. BMS asserts that Xspray filed an ANDA seeking to market a non-crystalline (i.e., amorphous) dasatinib product under the trade name Dasynoc. ·         BMS alleged that it received a letter from Xspray on or about January 13, 2022, notifying it that Xspray included a certification in its application p
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Location: India
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- ME AND MY BATTLE WITH CORONA-

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Soumya's words,  Hello friends Hope all are keeping well. I know today's post would be bit lengthy but please bear with it as its necessary for those who feel COVID is just a common flu. - ME AND MY BATTLE WITH CORONA- I have written it as battle with CORONA because the fight with CORONA is in no way less than any of the historic battles.....but the only difference between this battle and those battles is that there they fought against a visible enemy knowing their each move and plans but here I had to fight against an invisible enemy without having least knowledge of its plans and moves. So the battle started on 22 nd April 2021. I got mild symptoms of COVID and being a responsible citizen immediately isolated myself from my family, got my RTPCR done. After 2 days got my reports and it was NEGATIVE. There was no limit of my happiness, the feeling that " yes I am away from the cruel clutches of CORONA" . But little did I know that this was just my illusion. T
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NATCO seeking Compulsory License application for Baricitinib in India

  On 3 rd May 2021, NATCO Pharma Limited has received Emergency Use approval for Baricitinib tablets, 1mg, 2mg and 4mg strengths from Central Drugs Standard Control Organization (CDSCO) in India. Baricitinib in combination with Remdesivir, is used for treatment of COVID-19 positive patients. Summary: In light of the grave and life threatening public health emergency, NATCO Pharma moved before the Controller of Patents for Compulsory License of Drug Baricitinib in India. NATCO seeking the Compulsory License under Section 92(1) with Section 92(3) of The Patents Act, 1970. Facts & Targeted Approach: PATENT: IN270765 (INCYTE/Lilly: Expiry Date: Mar 10, 2029) Patent Covers: Baricitinib Compound & its phosphoric acid salt. CDSCO Approvals: ·          May 07, 2018: For the treatment of moderate to severe active rheumatoid arthritis in adult patients who have responded inadequately to, or who are intolerant to one or more disease modification anti-rheumatic drugs. Ba
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