Information Filled Under 'IP Outsourcing' Category
IP Taxation: Know-how, Consultancy and Service Tax Monday, August 2nd, 2010
A few days ago, out of sheer interest I was searching for some literature on a topic (taxation) which I wouldn’t exactly call my comfort zone, not because I don’t have an aptitude for it, but because I don’t know much about it, in fact I know very little.
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IP Taxation: Know-how, Consultancy and Service Tax
In a surprising order, the Rajasthan High Court has refused to stay the order of the Additional District Judge, restraining Hilton from using its name in relation to the hospitality sector. The story has been carried by the IE,
"Prioritising" Pharmaceutical Patents in India? Wednesday, July 28th, 2010Many pharma patent cases (including the Novartis Gleevec case and the Roche Valcyte case) raise the issue of “relevant” priority dates. Tahir Amin dealt with this issue at length in this wonderful post here . I extract his introduction as under: “Ask the question whether pre-95 drug inventions are patentable in India under the 2005 Patents Act – and the answer you are likely to get is ‘no they are not’
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"Prioritising" Pharmaceutical Patents in India?
Readers have very likely already seen the news of TATA having dragged Greenpeace to the Delhi High Court in a defamation and trademark infringement suit over the use of its logo (stylized T in a circle) in an online game. TATA has alleged that the use of its logo is “disparaging” and “libelious”.
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SpicyIP Tidbit: ‘ Greenpeace ‘advised’ to remove TATA logo from game
I had earlier carried a post on how the Supreme Court was scheduled to hear the Novartis (Glivec) case in the month of July, 2010. The case was initially scheduled for the 6th of July, 2010 before the Registrar S.G. Shah
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Natco & Ranbaxy delay proceedings in the Glivec case before the Supreme Court
“An idea can transform the world and re-write all the rules. Which is why I have to steal it” – Dom Cobb (from the film ‘Inception’) It’s not often we quote lines from Hollywood movies on Spicy IP, but this particular dialogue by Leonardo DiCaprio in the recently released Hollywood film – Inception , immediately caught my attention and is certain to give any copyright law enthusiast a chill down the spine for its striking accuracy as well as its ability to stimulate debate (indistinctly, and perhaps inadvertently) on the essence of copyright law – the importance of ideas and the fact that they are not protected .
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‘Inception’ and Ideas: Lessons for the Copyright Hungry
The Indo-E.U. Trade dispute over the seizure of ‘in-transit’ Indian generi c drug consignments at various ports in the Netherlands is heating up with several other countries filing requests to join the consultations on the dispute
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China, Canada, Japan, Turkey, Ecuador seek to join consultations in the Indo-E.U. Trade Dispute over Seizure of ‘In-transit’ Generic Drugs
Many of us have lamented the fact that although the “national law schools” have churned out very gifted lawyers, we’ve lost many of them to law firms. It is but natural that many of them are attracted to financially rewarding jobs that law firms typically guarantee. However, given that these law schools were established to induce alternative forms of lawyering aimed at improving society, we have to admit that there has been a failure of sorts…and a massive one at that.
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Diversity and Thinking Outside the "Law Firm" Box
The Centre for Intellectual Property Rights, (CIR) and the Department of Managerial Economics, Strategy and Innovation (MSI) of the University of Leuven, Belgium has an exciting opening for a doctoral researcher in law. The advertisement for the position has the following details: One Doctoral Researcher in Law Your opportunities • You will engage in doctoral research in the context of a research project investigating the interaction between legal architectures and open innovation strategies, leading to a Ph.D in Law
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SpicyIP Jobs: Opening at the University of Leuven for doctoral researchers in law and economics
A few days ago Sathya, an onsite offshore coordinator aka account manager working with my company, stopped by to discuss what he and his company could do to earn my trust and to make me happy. I wish more people in my life would ask the same questions, in particular women. And I tell you,
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Five levels of customer satisfaction
Continuing with our mission to increase transparency and accountability at Indian intellectual property institutions, we have filed, with the Central Public Information Officer (CPIO) of the Copyright Division, Ministry of HRD, applications under the Right to Information Act, 2005 seeking information on the qualifications of the current Chairperson of the Copyright Board. We have filed two RTI applications with the CPIO of the Copyright Division seeking the following information: First Application: 1.As per Section 11 of the Copyright Act, 1957, read along with Article 217(2) of the Constitution of India, is it necessary for the Chairperson of the Copyright Board to have been enrolled as an ‘Advocate’ as understood by the Advocates Act, 1961?
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RTI applications seeking information regarding the Chairperson of the Copyright Board
As reported earlier on this blog, the Copyright Amendment Bill, 2010 was referred to the Department Related Parliamentary Standing Committee on Human Resources Development (HRD) headed by Shri Oscar Fernandes, Member of Parliament. Image from here . In response to the ‘Press Release’ calling for public comments on the Amendment Bill, we (Shamnad and I) prepared written submissions on certain aspects of the Amendment as also the present Copyright Act, 1957
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SpicyIP Resources: Submissions to the Parliamentary Standing Committee on the Copyright Amendment Bill, 2010
In an insightful op-ed titled ‘Time to Challenge TRIPs plus IPRs’ and carried by the ET a couple of days ago, Mr. Prashant Goyal , Director, Trade Policy Division, Department of Commerce, Ministry of Industry and Commerce, Government of India has aired his ‘personal views’ on the topic of ‘TRIP plus’ protection that is being advocated through ACTA and FTAs, as also the efforts of IMPACT & WHO
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SpicyIP Tidbits: Senior Bureaucrat airs ‘personal views’ on TRIP plus protection
The Delhi High Court will be hearing the Roche-Natco matter on a daily basis from July 27, 2010 onwards. The case was up for hearing today, but the court adjourned the matter. So, for those of you who’re going to be in the vicinity of the High Court around then, you would do well to listen in
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SpicyIP Tidbit: Roche-Natco to be heard daily from July 27
Spicy IP is pleased to bring you a special guest post on a recent decision of the European Court of Justice on a DNA patent held by global seed company Monsanto , which has raised some flags in the biotechnology industry, particularly on how it could narrow the protection currently available to companies in Europe. This very crisp yet succinct post is authored by Dr Rca Godbole , who has done her doctoral work in the field of Plant Molecular Biology, has worked as a scientist. Now based in Mumbai, she advises law firms and corporate houses in matters related to patents and patent based business strategy
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Guest Post: Purpose-bound patent protection and lessons for India by Dr Rca Godbole
In a story first broken by Kian Ganz, of Legally India , it appears that Reliance Big Entertainment Pvt. Ltd., one of the biggest production houses in the country, has challenged before the High Court of Delhi, the constitutionality of Section 65(105)(zzzzt), of the Finance Act, 2010 through which Parliament seeks to impose service tax on the transfer of copyright from one entity to another. We had carried a guest post by Ayan Roy Choudhary over here .
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Reliance challenges the constitutionality of service tax on copyright transactions: Sale or Serivce?
A Public Notice issued by the Trademarks Registry has clarified some concerns about how pending trademark (TM) applications and registered marks will be treated as per the newly expanded classification of services in the Trade Marks Act 1999. We have discussed this previously here and here .
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IPO notice tries to decode TM classification tangle
This IDC Video Podcast titled, “Evolving IT Infrastructure Sourcing Models” sponsored by AT&T, June 2010 examines the constant evolution of computing technology and IT infrastructure sourcing from models, mainframes, and service bureaus to client-server and IT outsourcing to distributed Web-/IP-based computing and Web hosting to virtualization and cloud service delivery. The IDC Video Podcast chapter/segments version allow the analyst to speak about a variety of topics where the translation are handled with chapter slide.
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IDC GMS Video Podcast – Evolving IT Infrastructure Sourcing Model :sponsored by AT&T – CYC
Some months ago Shamnad had a run a post on the legality of the appointment of Dr. Raghbir Singh as the Chairperson of the Copyright Board and also the constitutionality of the Copyright Board as provided for under the Copyright Act, 1957.
An Affordable Vaccine Model Sunday, June 13th, 2010TV Padma of SciDev has a wonderful write up on an interesting experiment involving the Serum Institute of India and the NIH in relation to the production of an affordable meningitis vaccine. As many of you may know, SII is one of the most innovative companies in India. I reproduce some excerpts below: “An unusual vaccine development collaboration, which should lead to the launch of a cheap meningitis vaccine for Sub-Saharan Africa later this year, is emerging as a feasible way forward in the quest to make newer vaccines affordable in developing countries
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An Affordable Vaccine Model
A few days ago marked the final step in the establishment of UNITAID initiated patent pool, with negotiations with drug companies expected to start soon. This got me thinking about the viability of patent pools as a concept, in the endeavour to create better, cheaper (or in some cases, just create) drugs for developing country diseases
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Patent Pools as Innovation Policy
A few days ago, we reported that India and China were going to take a brazen stand at the WTO TRIPS Council meeting, confronting several issues that emerged in relation to the Anti-Counterfeiting Trade Agreement (see our earlier posts on ACTA).
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India Slams ACTA at TRIPS Council: Addresses Specific Concerns
I’ve noticed that my television viewing hours have drastically reduced off late and this triggered off a question in my mind – Has television become obsolete or has its content merely shifted to a new medium – the Internet? My friends abroad, stream episode after episode of their favourite shows online (legally), and I was curious to understand how the licensing of these shows worked, and whether India could ever benefit from this potentially inexpensive and easier to use distribution channel
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Copyright Licensing: Online Streaming of Television Shows
SpicyIP has breaking news that the Madras High Court today dismissed a Public Interest Litigation challenging the registration of Tirupati Laddu as a geographical indication. The Court dismissed the petition observing that alternate remedy of rectification had not been exhausted, that being the most appropriate route in this case
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Breaking News: Madras HC dismisses Tirupati laddu PIL
When it comes to a discussion on the ACTA, the variables remain the same, and not much seems to have changed. The negotiations run their own course, in intermittent phases of secrecy and sudden displays of transparency, while civil society groups and other bodies continue their opposition, unabated
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SpicyIP Tidbits: ACTA Mistrust Intensifies – India and China Come Together
Ch Unni of the Mint reports on a rather historic moment for IP policy making in this country. Pursuant to the public outcry against the Indian Bayh Dole bill, a Parliamentary standing committee headed by Mr Subbarami Reddy requested the government to undertake wider consultations on the bill, take into account the various objections of stakeholders and come back with a revised version of the bill. After consultations with a variety of stakeholders including civil society activists, R&D Institutions and academics, the government made 52 amendments to the original version that had been peddled in utmost secrecy.
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Indian "Bayh Dole" Amendments: A Historic Moment in Indian IP Policy Making
(Image taken from here ) In yet another move bound to please IP enthusiasts the world over, the very first day of June, 2010 saw WIPO come up with WIPO GOLD , a free, on-line global IP reference resource aimed to provide quick and easy access to a broad collection of searchable IP data and tools. Such data would range from technology, brands, designs, statistics, WIPO standards and IP classification systems to the features of different IP law regimes across the world and the notable IP treaties. Such a move on WIPO’s part is sure to gladden the heart of any person next time he is seeking to get some serious IP research/studies done.
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Spicy IP Tid-bit: WIPO launches Global On-line Resource