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December 2017

IPR Amicus: October 2017

by Malathi Lakshmikumaran

Article

Kymriah®, a revolutionary drug to induce treatment remission in recalcitrant cancers

US Food and Drug Administration (FDA) and Oncologic Drugs Advisory Committee (ODAC) have unanimously approved CTL019 (tisagenlecleucel) or Kymriah®, an investigational chimeric antigen receptor T cell (CAR-T) therapy. It has been approved for its use in the treatment of relapsed or refractory B-cell acute lymphoblastic leukaemia in paediatric and young adult patients, making it the first approval of a CAR-T therapy for humans. In layman’s terms, it involves reprogramming an individual’s immune cells to make them better at targeting diseased cells such as cancerous cells. Discussing the details of the product and its working, the author expects paradigm shift towards transformation to such adoptive cell therapies to supplement the reach of conventional surgical, chemo- and radio- therapeutic options along with other advancements in medicine including the promising targeted therapies with small molecules and biologics.

 

Ratio Decidendi

  • Trademark renewal when application filed after prescribed time and without surcharge – Delhi High Court observes that word used in Section 25(3) is ‘may’ and not ‘shall’
  • Sale of grey market goods, i.e. goods which were authorized by right holder to be manufactured by third parties but not allowed to be sold by them – UK Supreme Court upholds criminal penalty under Section 92(1) of Trade Marks Act 1994 of United Kingdom
  • Use of trademark publicly and outwardly rather than large scale commercial use constitutes genuine use – Court of Justice of the European Union holds that using a mark outwardly need not be aimed only at end consumers
  • Passing off title of a non-existing film – Madras High Court refuses injunction

 

News Nuggets

  • Singapore High Court rules that it does not have power to revoke patent by way of counterclaim in infringement proceedings.

 

October, 2017/Issue-75 October, 2017/Issue-75

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