2008

Good Bye (with some more thoughts on Bayh-Dole)

It’s been about one year and six months since Shamnad introduced me to the wonderful world of blogging. Yet again, he did what he has always done as a mentor and very dear friend – teach me new things and give me opportunities to learn. In these past 18 months, I have indeed learned a great deal from this and other blogs. I have felt personal satisfaction and pride as the blog became more and more popular and respected. Today, […]

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TK, Spams and Biopiracy- IP’s Own Triple Entente

“I am Mr MOYON GERARD, I am French expatriate and I live in cote d’ivoire. I do not very speak English, I am in this country for the marketing of a magical plant. This plant is the (STEVIA). This plant contain enough vitamin and it is without colestérol. I work on the case for a long time and this plant is wonder enough and is already sold in many countries around the world, this plant will replace the sugar. The

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Pegasys hearing begins.

The Patent Office has begun the hearing of Pegasys, India’s first product patent under the new Patent Act, which had been granted to Roche India, the Indian branch of the Swiss Hoffman La Roche, and then subsequently received one of India’s first post-grant opposition in March last year. About Pegasys Pegasys, or Pegylated interferon alfa-2a as it is also known as, is a drug which is used to treat Hepatitis C. The prescribed six-month course of treatment used to cost

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Open Source Research Programme Launched by CSIR

Mid-month, the CSIR has launched the ‘Open Source Drug Discovery’ (OSDD) programme. Conceptualised by CSIR Director General Samir K. Brahmachari, the project seeks to initiate Tuberculosis research since there has been no major scientific breakthrough in its treatment since 1960. (Our readers will remember Mrinalini’s interview with Mr. Bramhachari earlier this year) Drawing their inspiration from open source movements, the Programme seeks to build a consortium of voluntary researchers from across the world to work around the patent regime that

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Breaking News: Roche Sues Cipla Again

Pursuant to our last post (quoting from a BS report by Joe C Mathew), we’ve learnt that Roche has filed a law suit against Cipla for both patent and trademark infringement in the Bombay High Court. The drug in question is an anti-infective (Valgancyclovir, sold as “Valcyte” by Roche), that is used by patients undergoing organ transplants, as also HIV patients. The details of the Roche patent covering this drug are as below: i) Indian patent number is 207232 (Chennai),

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The Indian Journal of Law and Technology – Information and Call for Submissions 2008-09

The Indian Journal of Law and Technology, published by the Law and Technology Committee of the Student Bar Association of the National Law School of India University, Bangalore, is India’s first and only journal devoted to the field of law and technology. Articles are selected for publication after being peer reviewed by an external Article Review Board consisting of eminent academicians and practitioners in the field of technology law. The Journal is managed and edited by an Editorial Board comprising

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Cipla Takes on Roche Again: Valcyte vs Valcept

Joe Mathew of the Business Standard reports that Cipla recently introduced Valcept, a generic equivalent of Roche’s patented Valcyte, an anti infective predominantly used by HIV patients: “This is the second instance of Cipla launching a low-cost version of Roche’s patent-protected drug after India’s amended patent law began to recognise product patents or patents for specific drugs instead of protection to the processes through which medicines are produced. While Roche had dragged Cipla to the court on the earlier occasion,

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Harry Potter vs Hari Puttar: If You Delay, You Will Pay

In her recent post, Sumathi rightly points to the fact that Justice Khetrapal’s decision against Warner Brothers hinges substantially on: i) “Delay” In Taking Action Against Hari Puttar Despite knowledge of the defendant’s proposed movie title “Hari Puttar” in 2005, the judge finds that Warner Brothers sat on their rights and chose to approach the court only in 2008. In the court’s words: “It is settled law that if the plaintiffs stood by knowingly and let the defendants build up

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Warner loses the Hari Puttar plot

Hari Puttar- A Comedy of Terrors is going through for release finally this Friday, after the Delhi High Court decided against Warner Brothers, hinging its 26-page judgement on the issues of delay in filing the suit, and suppression of facts. We wait to see if Warner appeal against this judgement or not, but meanwhile, for the benefit of our readers, I reproduce substantive paragraphs of the judgement below (as a result of which this post is uncomfortably lengthy). Delay in

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SpicyIP Tidbit: ‘Maaza’ trademark under dispute

Media reports in the last week seem to suggest that a major trademark battle is brewing between Bisleri and Coca-Cola over the use of the ‘Maaza’ trademark. ‘Maaza’ is one of India’s most popular mango based non-carbonated soft drinks. It competes with two other popular mango drinks – ‘Frooti’ & ‘Slice’ which is owned by Pepsi. Originally ‘Maaza’ was owned by the Chauhan family which at that time also owned other famous trademarks like Thums-Up, Rim-Zim, Goldspot, Limca and Citra.

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