2008

SpicyIP Tidbits: WHO and DCGI- A Sweet-Sour Relationship

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In what seems to have become a regular affair, the WHO has “has objected to the practice of Indian pharmaceutical companies misusing international non-proprietary names (INN) as trademark protected brand names.” If newspaper reports are to be believed…: “In a recent letter to the Drugs Controller General of India (DCGI), the WHO has expressed concern over a trademark application filed by Cadila Pharmaceuticals for “platin”, a common name that is used for at least 18 medicines. Cadilla officials were not […]

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Asian-European IP Case Database

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Asian-European IP Case Database The Center for Advanced Study & Research on Intellectual Property (CASRIP, University of Washington School of Law) together with the Research Center for the Legal System of Intellectual Property (RCLIP, Waseda University) have developed a database of IP case law which includes a collection of about 2000 summaries and full-text cases from India along as well as from major Asian countries. The database is open to the public at http://www.21coe-win-cls.org/rclip/db/search_form.php The UW CASRIP and Waseda RCLIP

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SpicyIP Tidbit:Fosters Ruling and Transfer pricing

/ By / Trademark

Readers may our recall our earlier post on the Fosters Ruling by the AARThe Business Standard carried an article on this ruling recently throwing further light on the ‘Source Rule’ that determines fiscal jurisdiction based on territorial nexus and first of its kind dealing with an offshore transfer of intangible The decision turned upon a fundamental question – where was the intangible, a ‘capital asset’, situated .The deeming fiction under the domestic law taxes non-residents on transfer of ‘capital asset’

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SpicyIP: Meditative Experiences on G.Is’

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Theatre buffs of Chennai have been in for a treat the last couple of months. An impressive array of thought provoking plays from across the globe, offering deep insights on disturbing social trends has added depth and meaning to the Chennai social scene. My fond favorite, the’ Song of the Loom’ written by a close friend and craft activist Sabitha Radhakrishna brought home issues close to my heart. The play highlighted the sad plight of the weavers of Kanjeevaram, where

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SpicyIP Tidbits: Indian GI’s and the Need for "Introspection"

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Arun S of the Financial Express has this thoughtful article on Geographical Indications, where he rightly calls for some “introspection” which I reproduce below. Statements attributed to me are broadly correct, though not entirely accurate. I had stressed that “quality” of examinations is an important issue, and unless we see decisions on oppositions (such as in the Reliance “Jamnagar” case, which I believe is the only case where an opposition has been filed), it may not be “fair” for us

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Indian Bayh Dole to contain criminal provisions?

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A news report recently states that Indian legislators plan on including criminal penalties under the Indian Bayh Dole Bill. Already the centre of much controversy, this inclusion could have more people up in arms about the passing of the Bill, and create further hurdles in India having it’s first ever Bayh Dole styled legislation. What is the Indian Bayh Dole Bill? For our newer readers and a quick recall for our older readership, the Public Funded R&D (Protection, Utilisation and

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Hari Puttar, now playing in Delhi

/ By / Copyright, Trademark

Misinformed reporting?An update on the Hari Puttar story we reported on recently: Our primary sources for that report were news stories that appeared on various websites, Indian and international. These reports, considering that they contained practically the same quotes from the parties to the case, were presumably based on a press release or a press conference. SpicyIP has since acquired information that suggests that these reports might in fact be incorrect. The applicants, i.e., Warner Bros. (WB), have been tight-lipped

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SpicyIP Tidbits: And The Winner Is……..IPKat!!!

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Ever heard of a cat that’s got an email id of its own? May be we could ask Ripley’s, but then we don’t need to go that far. Tufty (the cat of course) not only has an email id, but also enjoys the company of a rather distinguished quartet of extremely prolific “blawgers”. Not just that, the blawg has been voted the top “IT Law and Governance” blog in a poll conducted by ComputerWeekly.com for IT Law Blogs Award’08. SpicyIP

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SpicyIP Tidbit: Boehringer Ingelheim to patent its hypertension drug

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Readers may remember Shamnad’s extensive posts on the Patent Office’s rejection of German drug major Boehringer Ingelheim patent application for the syrup form of Nevirapine, which is particularly important for children with HIV, who are unable to swallow tablets. Well, the ToI reports that Boehringer Ingelheim is filing another patent application, this time for a combination hypertension drug – Telmisartan. Cipla’s wholly owned subsidiary Okasa is going to be opposing the drug on the grounds that the individual drugs and

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Cross Retaliaton by Suspending IP: Can India Take the Lead?

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Readers may recollect previous posts on an interesting concept titled “Cross Retaliation”. The Mint carried an op-ed of mine on this theme, which I reproduce below. To access the full length article outlining this concept and laying down the broad parameters for a domestic legislation in this regard, see here. Make that Bargain Equitable The recent World Trade Organization (WTO) talks came a cropper: Despite intense negotiations over weeks, member states could not agree on critical “agricultural” issues. Under the

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