2008

Away from ‘Old IP’? A Discussion on an International Expert Group Report

/ By / Innovation

The International Expert Group on Biotechnology, Innovation and Intellectual Property recently released its report titled ‘Toward a New Era of Intellectual Property: From Confrontation to Negotiation’. The Report is available here. The Report contains several important policy suggestions, arguing for a move toward ‘New IP’ – “… the emerging area of IP in which IP stresses sharing and collaboration instead of increased protection, leading not only to greater levels of innovation, but better access to new products and services…” – […]

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Expanding the SpicyIP Family: Introducing Mihir Naniwadekar

/ By / Uncategorized

I have great pleasure in inviting Mihir Naniwadekar to join our blog. He is a 4th year B.A.LL.B. student at the National Law School of India University, Bangalore. He is a seasoned blogger and has been contributing to the Corporate Law Blog, the leading Indian corproate law blog. He is also the founder of the “Law and Legal Developments” blog. In his first post on SpicyIP, Mihir plans to cover a rather bold report from the “Innovation Partnership”, an international

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SpicyIP Tidbit: The Supreme Court appoints Dr. Chakraborty as the technical member on the IPAB panel hearing the Glivec appeal

/ By / Uncategorized

The Supreme Court in a recent order, dated the 1st of October, appointed Dr P.C. Chakraborty,deputy controller general of patents in the Kolkata office, as a technical member on the IPAB Panel hearing the Glivec appeal. Readers may remember that close to a month ago SpicyIP had blogged on how the Supreme Court was leaning towards the inclusion of a technical member on the IPAB panel. Additionally the Court has also ordered the IPAB to begin hearing the appeal on

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Breaking News: India Unveils "National Innovation Act"

/ By / Innovation

Pursuant to our earlier post on an impending Innovation Act, the government has now released a draft version of the National Innovation Act, 2008 (hereafter “NIA”). The preamble to the Act explains its purpose: “An Act to facilitate public, private or public- private partnership initiatives for building an Innovation support system to encourage Innovation, evolve a National Integrated Science and Technology Plan and codify and consolidate the law of confidentiality in aid of protecting Confidential Information, trade secrets and Innovation.

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Guest Post: Recent Developments in the "Arogyapacha: Kani" Case

/ By / Patent

We bring you a guest post from Rohan Saha, a final year student at the Nalsar University of Law, Hyderabad, on some recent developments in the Arogyapacha case, as reported in this Tehelka article here. On behalf of SpicyIP, Rohan also spoke with Dr Pushpangadan (ex TGBRI member who was the key person who drew up the benefit sharing proposal involving the Kanis: a proposal that has been lauded by international bodies such as the UN, World Bank etc) .

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Guest Post: APEDA empowered to register Basmati as a GI

/ By / Uncategorized

We bring you a guest post from Danish Sheikh, a law student from the Nalsar University of Law, Hyderabad, on a recent development involving Basmati, one of India’s most reputed geographical indications (yet to be registered in India though). APEDA empowered to register Basmati as a GI The Agriculture and Processed Food Products Exports Promotion Agency (APEDA) has been empowered by the government to register and protect intellectual property rights or similar rights including Geographical Indications (GI) for certain special

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Guest Post: Delhi High Court Injects "Transparency" into the Indian Patent Office

/ By / Uncategorized

SpicyIP brings you a guest post from Shwetasree Majumder, who is a partner with Fidus Law Chambers. During her tenure as partner at Anand and Anand, Shwetasree was lead counsel in a case that exposed a well entrenched but somewhat unjust practice at the patent office, where the office would deem patent applications as ” abandoned” under section 21, in order to avoid having to give reasons for rejecting the said applications (under section 15). Justice Gita Mittal of the

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SpicyIP Events: National Public Meeting on Software Patents

/ By / Uncategorized

Readers may recall several posts that have been put up by SpicyIP relating to the controversy that surrounds the eligibility of Software Patents under the new Draft Patent Manual. One major issue of concern was the lack of public consultation during the formation of this text. In response to this, a National Public Meeting on Software Patents is being organized in Bangalore on 4th October with several prominent speakers being invited. More details below: The National Public Meeting on Software

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Hari Puttar: Reviewing the movie and the judgment

/ By / Trademark

The movie reviews of ‘Hari Puttar’ are still flowing in and trust me they aren’t very flattering towards the movie. CNN-IBN’s Masand apparently couldn’t even sit through the first half because it was that bad. Another review from buzz18.com ran the title of the review as ‘Hari Puttar is such crap’.  The Indian Express was of the opinion that the “script which doesn’t know the meaning of sense, and so full of holes that several large-size trucks can drive right through.”

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Breaking News: Natco Withdraws "Doha" Compulsory Licence Application

/ By / Patent

SpicyIP has reason to believe that the Natco compulsory licensing application in respect of Roche’s “Tarceva” and Pfizer’s “Sutent” has been withdrawn. Apparently, Natco sent a letter to the patent office, requesting that its application be treated as withdrawn. We’ll confirm this news soon. Natco’s decision to withdraw may have stemmed from a fear that it would lose on merits. For our earlier posts on India’s first “Doha” compulsory licensing application, see here. In short, the dispute revolves around a

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