2017-TIOLCORP-01-SC-CL

CCI Vs Coordination Committee Of Artists And Technicians Of Wb Film And Television

Whether prohibition on the exhibition of dubbed serial on the television in the State of West Bengal prevents the competing parties in pursuing their commercial activities - YES: SC

Whether such prohibition imposed by the coordination committee amounts to creating barriers to the entry of new content in the said dubbed TV serial - YES: SC

Whether such act and conduct limits the supply of serial dubbed in Bangla, which amounts to violation of the provision of Section 3(3)(b) of the Act - YES: SC

Whether such prohibition to protect interests of artists and technicians of film and television industry in the State of West Bengal which deprives consumers of exercising their choice is anti-competitive - YES: SC

Whether a committee qualifies as enterprise as per 2(r) of the Act, when it is not directly engaged in economic activity, but its constituent members take decision relating to production or distribution or exhibition on behalf of the members engaged in the business of production, distribution or exhibition of the films - YES: SC

- Appeal allowed: SUPREME COURT OF INDIA

2017-TIOLCORP-28-HC-DEL-IPR

Bayer Corporation Vs UoI

Whether a non-patentee having been granted Compulsory Licence can be deprived of making, constructing and selling by way of export a patented invention for purposes specified in Section 107A - NO: HC

Whether 'selling' contemplated under Section 107A means patented invention i.e., a 'product' and not just 'information' related to that product - YES

Whether the absence of word 'export' in Section 107A excludes exporting patented invention for the purpose of obtaining regulatory approval - NO: HC

Whether the word 'selling' in Section 107A refers to 'selling' within India only, although the words 'sale'/'selling' means without any geographical limitations - NO:HC

Whether Section 107A is a fundamental right protected by Article 19(1)(g) of the Constitution which cannot be curtailed from mere absence of the word 'export' in Section 107A - NO:HC

Whether Section 107A can be be read subject to Section 48, when they operate independently in different spheres under the Patents Act - NO:HC

Whether reading the word 'selling' in Section 107A including by way of export, would be in violation of the TRIPS Agreement - NO: HC

Whether the grant of Compulsory Licence would come in the way of a company exercising its rights under Section 107A as a non-patentee - NO:HC

- Case disposed: DELHI HIGH COURT