Information Filled Under 'IP Outsourcing' Category
Off Topic: IDIA and Legal Reasoning Competition Wednesday, September 8th, 2010
For those of you blessed with the talent to craft clever questions on legal reasoning, there’s a competition being run by the IDIA project . IDIA (Increasing Diversity by Increasing Access to Legal Education) seeks to enhance access to legal education by training kids from underprivileged backgrounds for the law entrance examination (CLAT).
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Off Topic: IDIA and Legal Reasoning Competition
The Controller General of Patents has released a list of ‘Scientific Advisors’ who can advise Courts on the scientific and technical aspects of patent litigation. Courts have the power to appoint such advisors under Section 115 of the Patents Act, 1970
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SpicyIP Tidbit: CGPDTM releases a list of ‘scientific advisors’
There’s this series of videos of Harvard Business Publishing on YouTube I came across recently, a good number of which are dedicated to the theme of innovation. One of them, which I found to be of relevance to markets like India is a short interview of Prof.Vijay Govindarajan, Earl C. Daum Professor of International Business at Tuck School of Business (Dartmouth College).
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Innovation- It’s All In The Mind
Yesterday was an interesting day, interesting because the day threw up a lot of questions, the answers to which I am not sure of (which would mean I have something that resembles an answer), but the very questions have pointed me to another rich area of (potential?) research. I am pretty sure mine may not be the first head in which these questions have popped, yet that doesn’t stop me from relishing the questions or the fact that these questions managed to pop in my little head*. These questions/issues that I refer to, popped yesterday as I was attending a seminar on “Software Patents and the Commons” arranged by the Software Freedom Law Center (SFLC) along with the Centre for Internet and Society (CIS) in New Delhi (I was pleasantly surprised to bump into the ever-cheerful Pranesh Prakash)
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Open Source: Who and How Do I Hold Responsible/Liable?
This post will cover the decision of the Court of Appeals for the Ninth Circuit against an attorney representing Bappi Lahiri, for a bad faith and frivolous copyright infringement claim. Anthony Kornarens, a copyright lawyer based out of the United States, represented Bappi Lahiri, in a suit for copyright infringement and his conduct during the course of the suit formed the subject-matter of this case. The Court of Appeals upheld the decision of the district court, severely sanctioning the attorney and awarded the defendants $247,397.28 in attorneys’ fees and $10,808.76 in costs.
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Bappi Lahiri & Bad Faith Litigation
‘Client-Attorney’ privilege is one of those sacrosant principles of the common law system which protects the communications between a client and his attorney from disclosure to a third party, regardless of whether the third party is a court of law. In the context of the common law system, ‘client-attorney’ privilege is a significant exception to the rule.
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Are communications with Indian ‘Patent Agents’ privileged under the Evidence Act, 1872?
Soon on the heels of the DIPP’s discussion paper on compulsory licensing, the Business Standard has reported that the National Pharmaceutical Pricing Authority (NPPA) is planning to regulate ‘prohibitively expensive oncology medication’. The BS reports that the NPPA is studying the Drug Price Control Order (DPCO) in order to figure out a way in which it can cover even cancer medication which until now has not been regulated by the DPCO.
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SpicyIP Tidbit: NPPA proposes controlling the price of cancer drugs
Tis the season of compulsory licensing. First, we have a proactive DIPP exploring ways to create a more optimal compulsory licensing regime in India. And now we have a quasi judicial body (the copyright board) deciding an actual compulsory licensing dispute..a decision that has been the subject of a crisp and succinct review in this guest post
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Copyright Band-its and Public Interest: A Tainted Compulsory Licensing Decision?
We bring you a detailed analysis of the decision in the big ticket copyright compulsory licensing dispute (sound recording companies vs radio stations) by Karthy Nair, a sparkling 4th year student of NUJS. Prashant had already introduced this decision on the blog
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Compulsory Licensing of Music: An Analysis of the Copyright Board Decision
Prashant’s excellent post some days ago covered in comprehensive fashion the build-up to the trademark amendment bill 2009, and the poor strategic calls that India may have made in pushing this bill through. Readers may also, in this context, recall a previous, equally insightful guest post on the challenges of the amendment bill, and implementation concerns that India ought to have looked at.
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Guest Post: FAQs on India and the Madrid Protocol
In response to what has presumably been a never-ending series of complaints from practitioners, the Controller General of the Intellectual Property Office has issued a notice to supercede all previous notifications on the reclassification of services in the TM Schedule front, which we have covered here before . Following a meeting with stakeholders on 21 August 2010, the CGPTDM issued this notice ( downloadable file ), which suggests that the Trademarks Registry has seriously been rethinking about its previous advice to TM registrants, applicants, and practitioners. The present notice, dated 23 August 2010, makes some critical observations on pre-existing registrations and advertised marks in class 42,.
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TM reclassification – IPO issues fresh notification
Sai Vinod Nayani, a third year student at the National University of Juridical Sciences, Kolkotta has sent us this very interesting guest post on the proposed amendment in the Copyright Amendment Bill, 2010 inserting the term ‘commercial rental’.
Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation Thursday, August 26th, 2010Given the fact that most patent litigation before High Courts is usually handled by lawyers who are normally not involved at the stage of patent prosecution, I thought it would be interesting to start of a discussion on how best to conduct a ‘due-diligence’ on a patent before taking the decision to take it to litigation. The contents of this post are absolutely basic and chances are that most practicing lawyers already know about it
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Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation
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