2008

Guest Post on US Design Case and Implications for India

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We bring you a guest post from Akshaya Kamalnath, a 4th year law student from the NALSAR University of Law. Here again, I have to apologise to Akshaya for the delay in posting this. EGYPTIAN GODDESS SAGA: THE ORDINARY OBSERVER TEST TO BE ‘SOLE’ TEST FOR DESIGN INFRINGEMENT On Sept 22nd, the United States Federal Circuit , in an en banc( where all the judges of the court decide on the matter rather than a panel of them) decision, in […]

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Guest Post on India’s First "Doctrine of Equivalents" Case

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We bring you a guest post from Nirajan Man Singh, a fifth year law student of the National Academy of Legal Studies and Research (NALSAR),Hyderabad, India. Niranjan is a prolific reader and writer. Among his various publications and paper presentations includes one at the “The Business and Race Conference” organized by MIT, Boston on 3rd of April, 2007. He is also scheduled to visit the Millstein Center for Corporate Governance and Performance at Yale, Connecticut in November, 2008. I have

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Upaid files amended complaint against Satyam

/ By / Patent

There have been interesting developments in the Texas proceedings of Upaid vs Satyam, a case that I have followed for nearly ten months now. Just last week, new filings have been made in the case, including – crucialy – (1) plaintiff’s (Upaid) motion for leave to amend the complaint; as well as (2) the third amended complaint itself. There has also been filed (3) an opposition to the motion for leave to amend. Unfortunately, for eager readers, the filings have

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SpicyIP:The Financial Crisis,WTO and beyond

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A bubble bust is a good time to sit back, introspect and re-emerge with a new avatar. That’s perhaps what Pascal Lamy has set out to do. A task force has been set up to assess the impact of the financial crisis on the WTO and its implications for the multilateral trading system. Likened to the Great Depression in severity and impact, this time through the credit crisis and collapse of the banking system also comes accompanied with a plethora

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For the Love of Cricket: The Delhi High Court’s Dicta on Fair Dealing Increases the Woes of the News Channels

/ By / Copyright

ESPN Stars Sports v. Global Broadcast News Ltd. and Ors. is the latest case decided by the Delhi High Court following a string of cases dealing with the exception of fair dealing and news channel reporting. This case seems to a chance to take advantage of the favourable attitude of the Delhi High Court towards broadcasters, especially in light of the earlier decisions of the concerned court in Prasar Bharti v. Sahara TV Network Pvt. Ltd. and Ors.(MANU/DE/3041/2005) and the injunction suit filed by Prasar Bharti

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Spicy IP Tidbit: Govt. opposes new definition of Counterfeit Drugs

/ By / Drug Regulation

The Government has opposed the new definition of ‘counterfeit drugs’ which The International Medical Products Anti-Counterfeiting Taskforce, backed by the World Health Organisation, has given for being too open-ended and vague. The new definition defines a counterfeit drug as one which “may include products with correct ingredients/components, with wrong ingredients/components, without active ingredients, with incorrect amounts of active ingredients, or with fake packaging”. This applies for counterfeit copies of branded as well as generic drugs. The new definition apparently also

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A Flash of Genius

/ By / Patent

After Hari Puttar, it’s the turn of another movie to take the movie-IP spotlight. However, this time the movie is based around a patent. “Flash of Genius“, starring Greg Kinnear, Lauren Graham, Dermot Mulroney and Alan Alda, is the true (and possibly dramatized – I haven’t seen it yet) story about an inventor Robert Kearns, and his battle with the Big 3 of the Auto Industry in America – Ford, Chrysler and GM. The movie opened out earlier this month,

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Transparency in the Court: Recording oral proceedings – the way forward?

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Recently, it was reported in several newspapers (including the Hindu and the Indian Express) that the Supreme Court while hearing a petition filed by an NGO ‘Janhit Manch’ stated that it would consider allowing the recording of Court proceedings in the interests of judicial transparency. It appears in fact that the Supreme Court has approved of a policy to audio-record its proceedings. Further, an Advocate of the Karnataka High Court, Mr. K.V. Dhananjay, has requested the Chief Justice of Karnataka

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Guest Post: USPTO "Patent Outsourcing" Notice and Implications for LPO’s

/ By / Patent

An earlier SpicyIP post dealt with a controversial USPTO notice that some alleged would kill the Indian LPO (legal process outsourcing) industry. In a guest post for us, Dr Sushil Kumar of Clairvolex, a leading Indian LPO, effectively rubbishes such claims. Dr Kumar is Vice President, Patent Operations at Clairvolex, a premier Indian IP outsourcing company. He is a Ph.D in Bio-Chemistry from Delhi University and a registered Indian patent agent. Prior to Clairvolex, he was practising patents at Lex

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