Information Filled Under 'IP Outsourcing' Category
Banyan Tree spreading its roots: Karnataka High Court on Jurisdiction Monday, January 11th, 2010
A recent order passed by a Single Judge Bench of the Karnataka High Court has reinforced and strengthened the Banyan Tree ruling pertaining to jurisdictional issues in matters of trademark infringement. We are lucky to have a guest post on the subject by Nidhishree B.V. , who was had worked on the matter and was able to give us some useful insights.
Read more here:
Banyan Tree spreading its roots: Karnataka High Court on Jurisdiction
The NUJS IP Chair and IPTLS present the first IP speaker in the “I(P)DEATE” series this year. Yes, owing to protests from certain quarters of engendering a classist bias, we’ve changed the name of our IP discussion series from “VIP” to “I(P)DEATE”
Visit link:
NUJS I(P)DEATE Series: Graham Dutfield on Traditional Medicines and IP
I was reading this informative article titled “The Missing Scientists” by Shyamal Majumdar, former resident editor of the Financial Express, in the Business Standard which restates what has been said in the relevant circles for a very long time now- India needs to buck up on the research front and we need an integrated approach with specific objectives outlined. (Majumdar has earlier written on related issues such as employability of Indian engineering graduates and the adequacy of their skill set for research, applied or basic) The article is to a large extent China-centric, so it goes without saying that Indian figures kind of convey the now clichéd message that India can’t cut the mustard with China when it comes to indigenous research. (The figures cited are not mine, they are “secondary propositions” or even “tertiary propositions”, so if they are to be challenged, please feel free to get in touch with Mr.Majumdar and please do not hesitate to share with us corrections, if any…) Majumdar points out that Indian research spending has never exceeded 1% of its GDP and over 80% of Indian firms do not spend much (in fact he says “nothing”) on R&D, making us the world’s ninth largest spender on R&D
Excerpt from:
Indigenous Research In india: Where Do We Stand?
In one of our last posts, we had blogged on the public notice issued by the Patent Office on working of patents (For those who want a crisp and clear picture on working of patents, please read this article by Sumathi and Aparna Kareer). A couple of days back, a dear friend of mine asked me something which piqued my interest
See more here:
Importation and Local Working of Patents
The Council of Scientific and Industrial Research (CSIR), in collaboration with the Global Institute of Intellectual Property (GIIP), are scheduled to host an Advanced Workshop on Patent Strategies from February 1 to February 4, 2010 (Time: 9:30 a.m.
See the original post:
CSIR and GIIP to host Advanced Workshop on Patent Strategies
The Indian Express carried an editorial of mine summarising the main arguments that I’d advanced earlier in relation to the unfortunate copyright imbroglio between Chetan Bhagat and the makers of “3 Idiots”. Before I reproduce the editorial below, I want to flag up an excellent article by a film maker, Rohit Batra, assessing the similarities and differences between the book (“Five Point Someone”) and the movie (“3 Idiots”). Such an assessment is tremendously valuable in that it is critical to the main issue of whether or not Bhagat’s book has been “substantially” copied in the movie.
Excerpt from:
3 Idiots and the Morality of Numbers
Sai Deepak did a wonderful post highlighting a key controversy that recently broke out between the makers of India’s most entertaining, yet thoughtful Bollywood flick of 2009 and the author from whose book the central plot was allegedly lifted; a movie that goes by the name of “3 Idiots”, but does not have the faintest trace of idiocy in either its script or execution.
Originally posted here:
The "3 Idiots" Copyright Controversy: Will All End Well?
The Controller General of Patents has issued a notice under Section 146 of the Patents Act, 1970 which empowers the Controller to issue a notice in writing requiring patentees or licensees (both exclusive and non-exclusive) to furnish information about commercial working of the invention within 2 months from the date of the notice or within such further time as the Controller may allow. SpicyIP thanks Suresh Gupta for drawing our attention to this notice! In the instant notice, the Controller has given time upto March 31, 2010.
See original here:
Working of Patents: Public Notice Issued by Patent Office to Patentees and Licensees
Two job openings for IP Professionals in Mumbai, as described below. If interested, please write with a copy of your CV to spicyipjob[at]gmail.com (I) POSITION: Senior Manager Legal – IP Enforcement Required Qualification: 5-8 years of IP infringement experience in a reputable law firm and/or multi-national corporation, including substantial work in copyright and/or trademark law Salary: Commensurate with the best in the industry Roles and Responsibilities: i) Involves working closely with outside counsels, law enforcement agencies including customs and police, as well as corporate client representatives and trade associations ii) Manage IP enforcement programs to ensure an integrated approach to worldwide issues while serving local needs and accommodating local conditions iii) Supervise investigations, preparation and oversight of copyright and trademark infringement actions, in cooperation with colleagues in the U.S., China, and UK (II) POSITION: Senior Manager Legal – IP (Advisory and Transactional) Required Qualification: 5-10 years of IP advisory and transactional experience in a reputable law firm and/or media & entertainment company
See the original post:
Job Openings for IP Professionals in Mumbai
Recently, two analysts from International Policy Network, London wrote a piece entitled ” Fake scare about Fake drugs” alleging that claims of ‘over-protection of intellectual property rights’ and at the same time, ‘not protecting patients interests’, which are being used by developmental NGOs (in their words, “Oxfam and other activist NGOs”), are false as well as dangerous. I would like to take this chance to react to their article, published by IP-Watch, as it contains a number of disputable, if not plainly misleading statements. Readers can access their article here
See the rest here:
Fair comments on "Fake Drugs" ?
National University of Juridical Sciences, the Society of International Law and Practice (SILP: a student-run academic society within the university) and the NUJS-ILSA Chapter (the network of NUJS students who are also a part of the International Law Students’ Association) are set to organize The 1st Subrata Roy Chowdhury Memorial Essay Writing Competition, together with the Indian Yearbook of International Law and Policy. The competition professes the aim to promote research and writing in the discipline of international law and also seeks, inter alia , to encourage creative thinking
Follow this link:
NUJS hosts the 1st Subrata Roy Chowdhury Memorial Essay Writing Competition
According to news reports , some of the best known Ivy League universities – MIT, Yale, Harvard and Princeton have approached the MHRD (Ministry of Human Resource and Development) to collaborate in the proposed setting up of 14 Innovation Universities across India as part of the 11 th Five Year Plan (2007-12). (MIT apparently is not a part of the Ivy League according to Wikipedia) This is a continuation of Mr.Kapil Sibal’s visit to these universities last October
Go here to see the original:
SpicyIP Tidbit: Innovation Universities to Be Set up in India
In two posts earlier, we have blogged on the 3 Idiots controversy between Chetan Bhagat on the one hand, and Rajkumar Hirani, Vidhu Vinod Chopra and Aamir Khan on the other, which has grabbed the attention of the mainstream media thanks to Chopra’s outburst at a press conference at the Radisson in Noida yesterday. Earlier in the day today, after Chopra apologised to the media for his appalling behaviour, Rajkumar Hirani held a press conference citing the credits clause in the contract between Chetan and Chopra and said the movie makers had fulfilled their obligations under the contract.
Read more:
SpicyIP Tidbit: Latest on the 3 Idiots Controversy
Lyricists, composers and singers are beginning the year with a bang owing to the proposed amendments to the Copyright Act. The Copyright Amendment Bill recently received Cabinet approval (detailed posts can be found here and here)
See original here:
SpicyIP Tidbit: Music Artistes in tune with the Copyright Amendment Bill
The SpicyIP team wishes all of you a very warm and pleasant year ahead. IP in India has seen an exciting year go past, and if December signs are anything to go by, there is plenty more coming ahead, be it in the form of legislative changes, or cases waiting to be decided by the courts, or administrative transformations that will make the Indian system at par with the best in the world
Read the original post:
Happy New Year from the SpicyIP team
The Law and Technology Committee of the Student Bar Association of the National Law School of India University has invited abstracts for proposed papers that are to be presented at its annual law & tech conference – Consilience – 2010. Past editions of the conference have been based on themes ranging from ‘Bio-technology and the law’ to ‘Free and Open Source Software’ and have had speakers ranging from Dr. Montel Singh Ahluwalia (Deputy Chairman Planning Commission) to Rahul Mathan, a founding partner of Trilegal and one of India’s foremost authorities on tech law
View original post here:
SpicyIP Events: NLSIU invites abstracts for conference on ‘Internet Intermediary Liability in India’
In the last post, Mr.Basheer has proposed a new way of dealing with the anomalies in practice when it comes to applying Section 21 of the Patents Act. The general opinion among patent practitioners is that the provision is used to unfairly get an applicant to “abandon” his application since there is no time limit on how long the patent office can sit on the application without responding to the applicant. It appears that there is something else interesting as well; under Section 14 of the Act, if the examination report is adverse to the applicant, then before the disposal of the application, the applicant may make a representation for a hearing.
More here:
Sanctity of Section 21
Shamnad recently sent me this most interesting article by S. Murlidharan in the Hindu Business Line on the topic of taxing of royalties earned by authors of books that are of a literary, artistic or scientific nature. The article inspired me to have a quick look at one of the most fascinating and complex legislations – the Income Tax Act – a legislation which has sent shivers down me spine for more than one reason.
Here is the original post:
Taxing ‘Royalties’ derived from Intellectual Property
Word: aban·don Pronunciation: ə-ˈban-dən Function: transitive verb Meaning: to give up with the intent of never again claiming a right or interest in So speaks an entry in the famous Webster’s dictionary.
Go here to read the rest:
"Abandoning" Legal Fogginess: A Proposal for Patent Clarity
First things first, SpicyIP wishes its readers (and others too) a Merry Christmas! Is abandonment of an application under Section 21 of the Patents Act an appealable decision under Section 117A of the Act? This was the question that arose before the IPAB in Accenture Global Services GmBH and BT Group Inc v. Controller General of Patents
Here is the original post:
Does there lie an Appeal from S.21 of the Patents Act?
In its recently concluded Winter Session, the lower house of Parliament, the Lok Sabha, passed ‘The Commercial Division of High Courts Bill’, 2009. The Bill which is based on the recommendations of the 188th Report of the Law Commission of India aims at the adjudication of big ticket commercial disputes, Rs. 5 crores or above, within a timespan of one year.
Originally posted here:
New Commercial Courts Bill to bring about radical reform in the adjudication of big ticket IP disputes
Previously, SpicyIP readers have come across a discussion surrounding the liability of Internet Service Providers in the light of the provisions of the Information Technology Amendment Act, 2008. Following the notification of said Act ( here ), a Guest Post ( here ) had been put by Aditya Gupta, final year student of National University of Law, Jodhpur , and a follow-up post by Professor Shamnad Basheer ( here ). All these posts sought to discuss the different dimensions of intermediary liability under the Information Technology (IT) Act.
Go here to see the original:
Guest Post on Intermediary Liability and IT Amendment Act
According to a news report , the Copyright Board has closed hearings for this year and the next date is scheduled sometime next March. For the last 18 months, the Copyright Board has been dealing with the issue of royalties to be fixed for the radio industry, and no decision has been arrived at as yet. Apparently, in the last two day session, only 3 witnesses from the radio industry were cross examined leaving the industry dismayed at the pace with which the Board has been going about the matter
Go here to see the original:
SpicyIP Tidbit: Copyright Board: Need for Speed
Even as Bayer has challenged a Delhi High Court decision refusing to import the problematic concept of “patent linkage” to India (hearings at the appellate court have concluded and we now await a decision), Gauri Kamath, a reputed pharma journalist, has a v ery interesting post on the high price of this important cancer drug. She also reflects on a strangely paradoxical drug pricing issue in her recently unveiled blog that has some of the most interesting articles that I have seen written on the Indian pharma sector. In her post, she states that the UK’s National Institute for Health and Clinical Excellence (NICE), the drug rationing body has decided that Nexavar’s price does not justify the benefits that it provides
See the original post here:
Bayer’s Nexavar Found Too Expensive in the UK
Jyothi Datta of the Hindu Business Line has an interesting write up, documenting reactions after 5 years of the introduction of the pharmaceutical product patent regime in India. She also has a separate write up documenting an interview with the IPO Controller General, PH Kurian where he states some of the latest figures pertaining to patent applications/grants from India
Originally posted here:
Reviewing the Indian Patent Regime After 5 Years
The government issued a press release announcing that the much awaited and controversial copyright amendment bill has now cleared “cabinet”, a group of senior ministers that represent the highest decision making body of the government. Unfortunately, since the winter session of Parliament is over and done with, the Bill is only likely to be introduced in the budget session of Parliament in February 2010. As many of you may know, the amendment process began around the year 2005 and the present Bill draft is one that has come about after what the government claims is a fairly elaborate consultative process.
The rest is here:
Indian Copyright Amendments Procure Cabinet Approval
out security related programs like this one.
See more here:
ATETV Episode 15: Environmental Engineering; Process Technology; Information Security