Information Filled Under 'IP Outsourcing' Category
SS.105 and 106 of the Patents Act Monday, December 21st, 2009
The Ram Kumar dual SIM case has been discussed extensively on SpicyIP; a judgment was delivered by the Punjab and Haryana High Court this August involving Ram Kumar’s patent in which a declaratory judgment was sought by Micromax Informatics Ltd. under Section 105 of the Patents Act, 1970. The brief background leading to the case is as follows: 1
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SS.105 and 106 of the Patents Act
As we celebrate the efficacy of section 3(d) and our stringent patent opposition mechanism that inter alia , led to the invalidation of a key patent underlying Tamiflu , the Chinese have taken an alternative route, albeit a healthier one. Don’t get me wrong; the term “healthy” does not reflect a comparative value judgment of any sort..it simply highlights the fact that, as with most things allopathic, Tamiflu comes with its fair share of side effects .
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While India Copies, the Chinese Invent…the traditional way
The ET reports that the Lok Sabha, which is the lower house of Parliament, has finally passed the Trademark (Amendment) Bill 2009, on Friday the 18th of December, 2009. Keeping in line with the parliamentary practice of the last few years, the Lok Sabha passed this bill along with 5 other bills in a period of 5 minutes without any debate or discussion, after which it was adjourned sine die.
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SpicyIP Tidbit: Lok Sabha passes the Trade Mark (Amendment) Bill, 2009 – finally!
In a surprising turn of events it has been reported, by Wired.com , that the Obama administration has whole heartedly supported the WIPO Treaty for Sharing Accessible Formats of Copyrighted Works for Persons Who are Blind or Have other Reading Disabilities. (image from here ) In a Statement before the WIPO SCCR the U.S. noted that “ some in the international copyright community believe that any international consensus on substantive limitations and exceptions to copyright law would weaken international copyright law.
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SpicyIP Tidbit: The Obama Administration does a U-Turn – Supports the WIPO Treaty for the Blind
There is good news for the Indian technological industry. The Government of India yesterday (17th Dec), issued a Press Release stating that it has reviewed its foreign technology agreement policy to no longer require government approval, with immediate effect.
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Liberalization of Foreign Technology Agreement Policy
With hardly any time remaining for discussions at ‘Hopenhagen’, the position of IP in the treaty text continues to remain ambiguous, see-sawing between a number of IP references being mentioned (1st draft), to IP not being mentioned explicitly at all (2nd draft) , and back to IP being mentioned again in the 3rd draft text (provided by IP-Watch here ) on the development and transfer of technology at the 7-18th December United Nations Climate Change Conference (COP15) being held at Copenhagen. This third draft, like the previous two, has been prepared by officials but is being referred to the ministers to negotiate/discuss in the ‘high-level’ meeting due to the clashing of interests (and therefore positions) on Intellectual Property Rights in the text. While developing countries are happy with this re-introduction of IP, developed countries are unhappy with this, as they would prefer not having to discuss IP issues at this stage.
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See-sawing at Copenhagen
Earlier this week, a small corner of the Delhi High Court became India’s first e-court, embracing technology in a way it is hoped will encourage the judiciary to spread the bug! What is of particular interest to the SpicyIP team and its readers is that the pilot e-court project was ushered in in the courtroom of Justice S Ravindra Bhat, a judge who has been at the forefront of several key IP decisions in the recent past.
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SpicyIP Tidbit: IP matters lead the way in India’s first e-court
We have for you a guest post on the Tandav Films vs Four Frames case, decided by Justice Murlidhar of the Delhi High Court recently. The case, a complex mesh of copyright and arbitration law involving a film that has crept into my all-time favourites list – Khosla ka Ghosla , has been carefully dissected and analysed by our guest post-er, Anirudh Wadhwa . Anirudh is a lawyer with a London based law firm and is an editor of Justice Bachawat’s Law of Arbitration and Conciliation (5th edn, LexisNexis, 2010 forthcoming)
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SpicyIP Guest Post: Copyright, Arbitration and a Feted Film
TENDER NOTICE Some time back, the Agricultural and Processed Food Products Export Development Authority (APEDA), which is an autonomous organization under the Ministry of Commerce, had issued a tender inviting offers from the law firms specialized in registration and protection of Intellectual Property. The selected firm was to be engaged for an initial period of two years for the purposes of : (a) Advising APEDA on the protection of Basmati vis-à-vis the entire spectrum of Intellectual Property laws and assist in registration of Basmati in India and abroad; (b) Monitoring the national and international registers of trademarks and geographical indications on third party efforts to register the Intellectual Property in Basmati name and take requisite action in India and abroad; (c) Initiating action against potential threats to the name Basmati in India and abroad through cease and desist notices, oppositions, cancellations, court actions or other modes of action; and (d) Representing APEDA before the Courts of law in India and abroad, including the Geographical Indications Registry and the Trade Marks Registry and the Intellectual Property Appellate Board in India and abroad. However, following the issue of such tender, a Non-Governmental Organisation named Patent Agent Association of India (PAAI) that seeks to represent Patent Agents, especially new entrepreneurs practising independently, has written a letter to the Minister of Commerce & Industry, asking for relaxation of some of the qualification requirements that APEDA had laid down in the tender
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Protecting Basmati not Everybody’s Cup of Tea? NGO objects to APEDA’s Requirements
In the recent case of Vittal Mallya Scientific Research Foundation v.
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SpicyIP Tidbit: Madras High Court embarrassed over failure to reimburse ‘Scientific Advisors’ appointed under S. 115 of the Patents Act
(Image Location: http://upload.wikimedia.org/wikipedia/en/thumb/e/e1/Next_book_cover.png/200px-Next_book_cover.png) Previously in Spicy IP, we have covered various aspects of the Bayh-Dole Act and the Indian Bill modeled along similar lines, titled Protection and Utilisation of Public Funded Intellectual Property Bill (see here ). Many of the thoughts of the different stakeholders regarding this matter had also been voiced in the report of the conference that was held last September. This post, however, intends to draw attention towards a really fascinating argument that had been made a few years back against the continuing existence of the Bayh-Dole Act itself, by none other than the renowned science-fiction author, Michael Crichton! In 2006, Crichton had come up with a novel titled ‘Next’ that belonged to the so-called techno-thriller version and sought to portray the contours of a conflict between science and nature.
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From Jurassic Park to Bayh Dole: Crichton makes an Effortless Leap from Science Fiction to Policy Recommendation
( Image Location: http://www.fiveipoffices.org/images/logo.jpg ) Recent times have seen a website being launched ( here ) representing a forum consisting of five of the largest intellectual property offices in the world, viz. the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO) and the United States Patent and Trademark Office (USPTO). The said forum, named the Five IP Offices (IP5), has been established with the aim of enhancing the effectiveness of the procedure for patent examination throughout the world
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SpicyIP Tidbit: Global Patent Co-operation by 5 IP Offices
A couple days ago on my way to NJ I bought an excellent book – The 4-Hour Work Week: Escape 9-5, Live Anywhere, and Join the New Rich (Library Edition). 6 hour flight plus an hour of circling around NYC and a few more hours at corporate apartment were more than enough to digest
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Outsourcing Your Life – the Scope of Outsourcing
A few days ago starting from a comment to my post I found a very interesting discussion of metrics on 360° Vendor Management. In his post Tony covered a few golden rules that are important to consider when introducing metrics in vendor management. I agree in general with most of the principles covered in
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Too Much of Good Thing
TubeMogul powers Brightcove 4 analytics to optimize the performance of video content and drive additional business value for publishers of all sizes CAMBRIDGE, Massachusetts and EMERYVILLE, California, December 8 – Brightcove Inc., the leading online video platform, and TubeMogul, the leading distribution and analytics service for online video, today announced a strategic alliance to collaborate on next-generation
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Brightcove and TubeMogul Partner to Provide Next Generation Online Video Analytics
BEIJING, December 8 – Results released today from a detailed economic study show that China may cut carbon emissions deeply and minimise the adverse effects on its economy over the next 40 years. The report, Going Clean: the economics of China's low-carbon development, by the Chinese Economists 50 Forum and Stockholm Environment Institute, says that emission reductions up
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Going Clean: New Research Shows how China can Adopt low-Carbon Growth
Broadband-Enabled Receiver and Recorder Allows Full IPTV Functionality Alongside Twitter, Facebook and Youtube Applications and Integrated Web-Browsing LONDON, December 8 – 3view today makes available to the UK market the world's first Internet connected HD set-top box with free-to-air capabilities. This means retail partners now have access to the first commercially available set-top box which combines the ability
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3view Announces UK Launch of World’s First Internet-Connected HD Free-to-air set top box
Frost & Sullivan to Host Analyst Briefing on Innovative Business Models for Electric Vehicles on Thursday, 17 December, 2009 at 3:00 pm GMT LONDON, December 8 – With current battery costs for electric vehicles ranging from 650 to 800 USD per kwh, the battery for a 25 KW electric car can easily cost as much as the
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Frost & Sullivan: New Business Models for Electric Vehicles: Perspectives from GM, PSA and Think’s Senior Executives
GENEVA, December 8 – A private-public sector partnership led by the United Nations Association-Brazil (UNA-Brazil), the International Organization for Secure Electronic Transactions, the Sustainable Development Forum and WISeKey, the digital identity management solutions company, today announce the launch of the The NetCarbonOffset Consortium, a pledge for the use of digitally authenticated ID software for citizens around the world to
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The NetCarbonOffset Consortium Launched at the Climate Conference in Copenhagen Under the Leadership of WISekey and United Nations Association-Brazil…
CONGLETON, England, December 8 – Internet resource provider 1st Easy Limited announced today that it has entered into formal agreement with USA-based CoSentry, a nationally recognised leader in the Private Cloud Services industry. The agreement allows both 1st Easy and CoSentry to deliver a Common Solution Service Platform (CSSP) in their respective UK and USA datacentre locations
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1st Easy Limited Announces Transatlantic Partnership With CoSentry to Address Growing Global Demand for SaaS-Orientated Cloud Services
PARIS, December 8 – The Agence de Médecine Préventive (AMP) has received a three-year grant from the Bill & Melinda Gates Foundation to implement a program to support immunization advocacy in West Africa. The program, called ADVocacy for IMmunization (ADVIM), is a collaborative effort involving the World Health Organization (WHO), the United Nations Children's Fund
Boost for Prostate Cancer Screening – Report Shows Mortality Reduction as High as 31% Tuesday, December 8th, 2009Personal 'Risk Assessment' Reduces Unnecessary Biopsies by 33%, Confirms Latest ERSPC Findings ROTTERDAM, The Netherlands, December 8 – The effectiveness of PSA (prostate-specific antigen) screening on reducing prostate cancer mortality has been given a boost with new data from the European Randomized Study of Screening for Prostate Cancer (ERSPC). This shows the true impact to be far higher
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Boost for Prostate Cancer Screening – Report Shows Mortality Reduction as High as 31%
Use of PowerTrials Connects Clinicians, Site Researchers and Patients to Improve Access to Prospective Research Studies LONDON, December 8 – Wirral University Teaching Hospital NHS Foundation Trust and Cerner will partner to bring an innovative clinical research module to the English NHS. As the first NHS trust to leverage the Cerner PowerTrials(R) solution, Wirral is working towards making
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Wirral University Teaching Hospital NHS Foundation Trust First in UK to Implement Cerner Clinical Research Module
Ideal for USB3.0, eSATA, DisplayPort and other High Speed Applications in Digital Consumer Electronics and PCs MILPITAS, California, December 8 – California Micro Devices (Nasdaq: CAMD) today announced the PicoGuard CM1227, an ultra low capacitance electrostatic discharge (ESD) device for the latest digital consumer and computer applications. The CM1227 provides four channels of +/-15kV of contact ESD protection,
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California Micro Devices Introduces New Ultra Low Capacitance PicoGuard(R) ESD Protection Device
Nilotinib Surpassed imatinib in Key Measures of Treatment Effectiveness in the Trial, in Patients With Newly-Diagnosed Disease(1) FRIMLEY, England, December 8 – In a large clinical trial, nilotinib demonstrated greater efficacy over the current gold standard treatment, imatinib, in adult patients with newly diagnosed Philadelphia chromosome-positive chronic myeloid leukaemia (Ph+ CML) in the chronic phase.(1)
Faiths Join to Stress Vital Challenge of Nuclear Abolition at Melbourne Parliament of World’s Religions Tuesday, December 8th, 2009TOKYO, December 8 – Buddhist, Christian, Jewish and Muslim representatives joined voices during the Parliament of the World's Religions in Melbourne, Australia, on December 7, calling for moral leadership by the world's religions in the effort to abolish nuclear weapons. Dr. Sue Wareham, former president of the Medical Association for Prevention of War (Australia) and
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Faiths Join to Stress Vital Challenge of Nuclear Abolition at Melbourne Parliament of World’s Religions
Multiple Leading Institutions Purchase New Strategic Decision-Support Tool AMSTERDAM, December 8 – Elsevier, a world-leading publisher of scientific, technical and medical information products and services, today announced that several universities have purchased its new SciVal Spotlight tool. The institutions, including National Chiao Tung University (Taiwan), St.