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Delhi HC declines interim injunction in SpicyIP–Natco Defamation case

Whoever said IP was not spicy enough?
Whoever said IP was not spicy enough?
Exclusive: The Delhi high court on Tuesday declined to grant interim injunction to pharma major Natco in its case of defamation against NUJS Kolkata professor and intellectual property blog SpicyIP’s founder Shamnad Basheer.

Basheer told Legally India that Natco was pushing for interim injunction restraining him from publishing anything related to Natco’s dispute with drug-producer BMS until the dispute is heard.

Basheer’s counsel said: “The court said that this is not an appropriate stage to decide the question of injunction. In view of Khushwant Singh V Maneka Gandhi interim injunction cannot be granted in these kind of cases. At best Natco can claim damages which can only be decided on merits.”

The matter is listed to be heard on merits on 18 December, which is also the next date of hearing of the Natco-BMS suit in the Delhi high court.

In August end, Natco had filed in the court against Basheer alleging defamation due to his criticism of the company’s legal strategy on his blog SpicyIP, along with publishing the pleadings and written statement in a case the company was contesting.

SpicyIP blogger Prashant Reddy had later written on SpicyIP that Natco in its plaint had not expressly denied the “allegedly defamatory” allegations made by Shamnad in his blog post. In another post Reddy had added that Natco had in turn levelled defamatory allegations of bias against Shamnad, for colluding with BMS.

Update: Basheer's response to the allegations.

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