Information Filled Under 'IP Outsourcing' Category
Guest Post: Purpose-bound patent protection and lessons for India by Dr Rca Godbole Thursday, July 15th, 2010
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
In a wonderful piece of investigative journalism, CH Unni reports on the rather “fishy” move to divest the current Controller General, PH Kurian of his “trademark” portfolio. Some see this as an attempt to reinstate a corrupt regime of the past…a regime that the efficient and energetic Kurian helped clean up to a large extent
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The "Fishy" Trademark Handover
It gives me great pleasure to profile the toppers of this years’ patent agent exam , namely Disha Jeswani and Aditi Nadkarni. I am particularly pleased that both of them belong to the fairer sex…more power to women…. and less to those who are inclined to cast doubts on their “patent” prowess.
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Women Ace India’s Patent Agent Exam..and Equally Well Too
Hadron Analytics is a global intellectual property (IP) and technology research services company based out of India. We provide services in the form of patent landscape report, patent portfolio management, patent searches, patent due-diligence, business research and market research
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Hadron Analytics – Patent Research Outsourcing.avi
Rajiv Choudhry , who’d already featured on this blog earlier for having taken the pains to give us a terrific statistical preview of the results of the patent agent exam, now explores the Roche Valcyte patent decision . Incidentally, Rajiv, a qualified US patent agent working with a leading American patent law firm took the Indian exam this year and cleared it. After his exam, this is what he wrote to me in an email: “I took the Indian patent office exam today at New Delhi
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Roche’s Patent Rejection: A Numerical Quantifier for Section 3(d)?
The Roche-Natco proceedings continue in the Delhi High Court, which the SpicyIP team has been following closely. This is an extremely delayed update, and entirely due to myself — Apologies for the same. For those who are new to the case, please read our previous posts on this, here and here
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Roche-Natco update: Roche concludes arguments
Slightly off beat,but our readers who have been keenly following the MontBlanc Gandhi pen controversy may find this piece by M.J.Akbar insightful. Akbar tries to explore the issue from a non-legal (especially, a non IP angle) aspect to debunk into the politics behind the manufacture of such branded pens
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Off topic :MJ Akbar and the Gandhi Pen Controversy
EXTENSION OF COPYRIGHT TERMS: Photographs and Principal Directors Those of you who have been following the proposed amendments to the Copyright Act would have noticed the extended copyright terms for photographs and principal directors, who have also been accorded joint authorship in cinematographic films, by means of the proposed amendment. This post attempts to provide a simple and objective overview of the changes and a concise opinion on copyright term extensions in general, with a limited application to photographic and cinematographic works.
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Extension of Copyright Terms in the Copyright Amendments
A few days ago, I was surprised when I was told that our Patents Act provides the same kind of grace period that the US Patents Act provides to its inventors/patent applicants. Section 102 of the US Act provides for a one year grace period under which, even if the invention disclosed in a patent specification is published not earlier than a year before the filing of the patent, it does not anticipate the application
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Anticipation Under Section 31(d)
We had previously informed you about the Global Institute of Intellectual Property (GIIP) programme on Patent Protection, Enforcement and Management here. This time GIIP brings to you a nine months full time post-graduate diploma programme in intellectual property rights and patent management
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Post Graduate Diploma in IPR & Patent Management by GIIP
Many thanks to Pranesh Prakash of CIS for bringing to our attention this public notice by the Parliamentary Standing Committee examining the Copyright Amendment Bill, 2010 that was introduced in the Rajya Sabha in the budget session.
An Inert Patent? Wednesday, May 19th, 2010Just came across a patent owned by a certain Pharmatop SCR (Patent Number 238164 granted in Jan 2010 in India) and was struck with how obvious it appears to be: “A method for producing an aqueous solution of an active ingredient of phenolic nature which is paracetamol susceptible to oxidation, while preserving for an extended period characterized in that the solution is deoxygenated by bubbling with at least one inert gas and/or placing the solution under vacuum until the oxygen content is below 2 ppm, in that the afore-mentioned aqueous solution of an active ingredient, is optionally topped with an inert gas atmosphere and placed in a closed recipient in which the prevailing pressure is of 65, 000 Pa maximum, in that the oxygen content of the aqueous solution is below or equal to 2 ppm and in that the effect of deoxygenation of the solution is completed by addition of an antioxidant and a hydroxypolycarboxylic acid.” Correct me if I’m wrong: but isn’t the principle of preventing oxidative degradation with the help of an inert gas obvious and well known? If so, truly an inert patent, one might say
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An Inert Patent?
The Legal Services Clinic (LSC) of the National Law School of India University is releasing a module on criminal law, aimed at persons who do not have a legal background but who know English. This will be followed by a round table discussion on the role of “Access to Justice – Role and Responsibility of Student Legal Aid Cells”
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Discussion on Student Legal Cells at NLSIU
Recently Delhi has seen the launching of the FICCI-IP facilitation centre under the scheme “Building Awareness on Intellectual Property Rights” for Micro, Small and Medium Enterprises (MSMEs) of the National Manufacturing Competitiveness Program (NMCP) of the Ministry of MSME.
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Spicy IP Tidbit: FICCI-IP Facilitation Centre opens in Delhi
The arguments in Roche vs Natco, which we have told you previously about here , continue in the Delhi High Court before Justice VK Shali. Today, the SpicyIP team brings you a brief overview of Roche’s arguments made against Natco on Thursday and Friday.
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Roche-Natco update: "Public interest" again?
