Information Filled Under 'IP Outsourcing' Category
Guest Post: Delhi High Court over-turns IPAB order – grants T-Series trademark registration Saturday, May 15th, 2010
Avni Chari, one of our regular guest bloggers, has sent us this interesting post, analyzing the recent Delhi High Court decision over-turning the IPAB’s decision in the case of T-Series v.
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Guest Post: Delhi High Court over-turns IPAB order – grants T-Series trademark registration
Readers might recall a recent post on the potential impact of the Anti-Counterfeiting Trade Agreement on developing countries. What was missing however, was any official communication from the Indian government on the issue, even after the official text was released. But as IP Watch reports the growing concerns of the public have been finally echoed in the statement of Ashutosh Jindal, an adviser at the Embassy of India to the EU, who attended a hearing organised by the Green Party Group in Brussels
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SpicyIP Tidbits – Indian Official Expresses Concern about ACTA
A Special Issue of the Law and Development Review has some interesting pieces on the emerging powers, namely India and Brazil. In particular, there are pieces on Indian intellectual property and WTO law that may be of interest to our readers (marked in bold)
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Law and Development Review: India and Brazil Special Issue
The Patent Office has announced the results of the Patent Agent examination today. The results are available on the website of the Patent Office over here . Individual lists for each city have also been released – Delhi , Mumbai , Chennai and Kolkotta
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SpicyIP Tidbit: Patent Office announces the results of the Patent Agent Examination
The ET and the FT have both recently reported that Parliament was scheduled to debate the question of data exclusivity for agro-chemicals ( The Pesticides Management Bill, 2008 ) in the last week of the Budget Session which ended yesterday. A perusal of the website of the Rajya Sabha indicates that the Pesticides Management Bill, 2008, was never taken up for debate on the specified dates A. Data exclusivity for the agro-chemical industry – A brief history (i) The Inter-Ministerial Committee on Data Protection & Article 39.3 of TRIPS: This committee, which is also known as the Satwant Reddy Committee, was constituted in February, 2004 by the Ministry of Chemicals and Fertilizers to examine the requirements of Article 39.3 of TRIPs
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Parliament misses opportunity to discuss ‘data exclusivity’ for agro-chemicals
The Delhi High Court in a crisp, well reasoned, 13 page Order dated 19th April, 2010, has dismissed an interim injunction application in a patent infringement suit filed by Asian Electronics Ltd. v.
New blogger – Amlan Mohanty – joins us at SpicyIP Wednesday, May 5th, 2010The SpicyIP Team is proud to welcome Amlan Mohanty as the newest member to our blogging team. Amlan is a second year student of the B.A.LLB (Hons.) program at the National Law School of India University, Bangalore and has already written some fantastic guest posts for us. His main focus will be on the law of copyright and I can assure you that he will churning out a rather ‘spicy’ analysis of the Copyright Amendment Bill, 2010 in the coming days.
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New blogger – Amlan Mohanty – joins us at SpicyIP
Three orders in the Laawaris/Housefull song matter passed separately on 29 and 30 April 2010 in three different suits are now available online here , here and here . Knitting the three orders helps put together the story of the song, and how each of the parties has claimed to own title to the copyright, which is what I attempt to do below
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The Story of the Laawaris Song, as Told by the Calcutta HC
In a momentous decision likely to impact the course of Indian patent jurisprudence, the Indian patent office held against Roche in a post grant opposition challenging the validity of its patent covering Valcyte (Valgancyclovir Hydrochloride). Specifically, Roche’s patent which covered the “L-Valinate Ester of Gancyclovir” and all acceptable salts, was opposed under section 25 (2) by the following parties: i) Cipla (represented by Majumdar and Company and Ramesh Kumar of RK Legal) ii) Bakul Pharma (represented by Majumdar and Company) iii) Matrix Labs (represented by Feroz Ali) iv) Indian Network for People Living with HIV/AIDS (INP+ (represented by Anand Grover) v) Tamilnadu Networking People with HIV/AIDS (TNNP+ (represented by Anand Grover) vi) Ranbaxy (represented by Lakshmikumaran of Lakshmikumaran and Sridharan) Compared to the IPAB’s “Gleevec” decision which meandered into flights of fancy, this decision appears more grounded and logically coherent (well, at least relatively)
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Breaking News: Roche Loses Valcyte Case
According to two reports from Subhash K Jha which appear separately in the Bangalore Mirror and the Times of India , the producer of Housefull, which film’s soundtrack included a controversial reworked version of a 30-year old song, intends to sue the music label that claimed to have sold him the rights to the song for defamation. (SpicyIP’s regular “guest” poster and copyright expert Nikhil Krishnamurty brought the news to our attention — I’ve been a tad late in putting this up.) A brief background — Our post last week reported that the Calcutta High Court had refused to grant an injunction in favour of Anandji, the music director of the original song, on the use of the reworked version in the newer film. However, the following day, i.e., Friday, the Calcutta High Court heard and granted a temporary injunction to the heirs of Prakash Mehra, the producer and lyricist of the original song, in a related suit
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SpicyIP Tidbits: Housefull producer to sue music label for defamation?
In what promises to end the Montblanc-Gandhi dispute once and for all, we have news that the Centre has refused permission to MontBlanc to use the image of Mahatma Gandhi on their pens. According to news reports, the Solicitor General told the Supreme Court that the Centre had rejected MontBlanc’s two applications seeking such permission on grounds that national emblems could not be used for commercial purposes. As a result, the Court has decided to dispose of the case after MontBlanc’s counsel gave an undertaking that the remaining pens and advertisements would be withdrawn.
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SpicyIP Tidbits: Centre refuses MontBlanc permission to use Gandhi image
The Business Standard and the Economic Times have both reported that Cipla, one of India’s biggest pharmaceutical companies, has served a legal notice on the George Washington University (GWU) for allegedly allowing the GWU-CII summit to be used by Gilead to make representations, that were aimed at influencing sub-judice patent litigation pertaining to Tenofovir, the patent application of which was rejected by the Patent Office following a sucessfull opposition by Cipla.
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SpicyIP Tidbits: Cipla serves legal notice on GWU; demands a written apology for events in relation to the GWU-CII Summit
Indian civil society organizations have sent an open letter to President Obama, informing him of the USPTO’s and U.S. Embassy’s attempts in influencing the course of the debate on Indian patent law. This letter follows another letter sent by these civil society organizations to the Minister of Commerce, objecting to the GWU-CII seminars and which we have blogged about here
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Guest Post: An Appeal by Indian Civil Society to the U.S. President
One of our regular commentators – Ms. Sneha Jain – a student of ILS, Pune has sent us this excellent guest post on the implications of the Copyright Amendment Bill, 2010 for parallel imports of copyrighted works
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Guest Post: Exhaustion and Copyright Law – A look at the Copyright Amendment Bill, 2010
If anyone’s glanced through the latest GI Journal, No. 33, available here , you will have seen that the number of applications for GIs in India has crossed the 200 mark. Of these, at least 120 have been granted already, according to this note that’s up on the IPO site
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Of south India, Handicrafts and changing types — GI trends
A. Introduction: Over the last few weeks there have been an increasing number of media reports on the Free Trade Agreement (FTA) that is being negotiated by the governments of the European Union and India. While there are several hurdles that are yet to be cleared before the signing of this Treaty that is expected to bring huge trade benefits to both countries, the focus in the recent past seems to be on the IP-related provisions that are allegedly going to affect the thriving generic pharmaceutical industry in India.
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Article 300A of the Constitution: A constitutional right to ‘data exclusivity’?
On World IP day this year (which we had blogged about here) , several new initiatives, prgrammes, agenda were announced . Similarly, the Asian Patent Attorneys Association (Indian Group) and the Delhi High Court Bar Association hosted a short seminar in the premises of the Delhi High Court. The programme included lectures/talks delivered by some of the finest Judges in the country, and more than 250 lawyers, controllers, examiners etc., members of the Judiciary including several Judges were in attendance
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Special IP Courts in the offing?
Tis that time of the year again! The US once again revels in its rather arrogant and high handed Special 301 mantle by condemning IP regimes that don’t quite look like their own. Pay homage to this years’ 301 report which reads thus for India: India India will remain on the Priority Watch List in 2010
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US Special 301 Report and a Not So Special Indian Response
(Image from here ) Suchita Saigal, a name familiar to the Spicy IP readers, brings yet another bit of ‘spicy’ IP news tid-bit to the fore for us, that has been presented as follows: A recent interesting entry on the PatentlyO blog deals with ranking patent law programs in the US. As is evident from the title, ” Ranking of Patent Law Programs for 2011: Perhaps Six Junk-Science Ratings Are Better Than One “, the post adopts the process of aggregation to give the reader an idea of the best patent law programs
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Guest Post: R for Ranking
SpicyIP has breaking news that the Calcutta High Court today refused to grant an interim injunction to Anandji, one half of the famed Bollywood music director duo Kalyanji-Anandji , to stay the use of their song from Laawaris (1981) in Housefull (2010), which releases tomorrow.
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No stay on classic song in Housefull: Calcutta HC
Spicy IP is pleased to inform readers of the latest entrants on the IP blogroll — t he World Trademark Review (WTR) blog , started by our friends at the WTR which includes ace reporter Adam Smith. Adam is a regular commentator on SpicyIP, and has frequently brought interesting news and stories to our attention, for which we’re always grateful! The WTR team tells us more about why the WTR blog is significant for the IP world, including fellow-bloggers like us: “For eight years WTR has covered the most important trademark stories of the day, and has broken some of the most significant trademark stories of recent times, from e xclusive analysis of the ECJ’s recent decision in the Google keywords case to news of how the top 100 globally protected trademark list has resurfaced on the domain name agenda
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SpicyIP Tidbit: World Trademark Review launches blog
Nikhil Pahwa of Medianama reports a dispute between T-Series and MySpace which was argued before the Delhi High Court last Friday and is listed for arguments again this Thursday. T-Series has alleged infringement of its copyright by MySpace on whose site music content of the former is being uploaded. While MySpace has apparently taken a defence under Section 79 of the amended IT Act, T-Series seems to have taken the stance that the proviso to Section 81 negates any safe harbour from liability for copyright infringement, which an intermediary may otherwise be entitled to under Section 79
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T-Series and MySpace: Copyright Infringement and ISP Liability to be argued before the Delhi HC
F Hoffman La Roche , the Swiss-based drugs multinational, has re-entered the Delhi High Court in an infringement matter over the Tarceva patent. This time, Roche has sued Natco Pharma, and specifically, their anti-cancer drug sold “Erlonat”, which it is alleged infringes Roche’s patent rights over their anti-cancer drug, Tarceva. Readers will recall instantly that Tarceva is the same drug over which Roche has fought Cipla before various benches of the Delhi High Court and the Supreme Court, all of which we have covered extensively here .
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Roche and Tarceva in Delhi HC again, this time vs. Natco
The copyright amendment bill is certain to prove the most significant IP development for India this year. We are therefore inviting guest posts from those of you who might be interested in blogging of specific aspects of this bill
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Indian Copyright Amendments: Making Bollywood Fairer?
On April 26, 2010, a day that marked the 10 th anniversary of the World IP day as well as the 40 th anniversary of the day the WIPO Convention had been entered into force, WIPO has chosen to come up with its new logo. This may be considered to be an effort on WIPO’s part to provide a new visual identity for the Organization, in conjunction with the new steps being taken to keep up with the manner in which IP is evolving rapidly in the 21st century
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Spicy IP Tidbit: WIPO celebrates World IP Day by unveiling New Logo
SpicyIP hopes its readers have had an interesting World IP Day so far, and have some innovative celebrations for the times ahead! Following up on Shamnad’s succinct and timely editorial on India’s engagement with the world of IP, I pick on one of the issues he raised for this post — innovation in India, and the need to create incentives for the abundant and sometimes latent creativity that lies within the Indian people. Appropriately enough, WIPO (which has a new logo incidentally) has as its theme for this year’s celebrations, “Innovation – Linking the World” .
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SpicyIP Interview: KritiKal and innovative solutions for India
For those interested, there is a webinar at 4 pm today featuring an interesting discussion on the various patent issues related to the Myriad Genetics Case. This webinar complimentary and the speaker is Prof Srividhya Raghavan, a renowned IP expert from the University of Okalahoma School of law
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Webinar on Myriad Genetic Patent Issues