July 2009

JIPR joins Open Access Club

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SpicyIP is happy to note that since earlier last month, the Journal of Intellectual Property Rights (JIPR), has been freely accessible online. The Journal, which is India’s main IPR Journal started in 1996, is currently available from 2002 to the present date, and can be browsed by Title, Author, Keywords or by Date. Further back issues are being worked on currently and will be uploaded in due time. The National Institute of Science Communication and Information Resources (NISCAIR), which is […]

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That Don’t Impress Me Much!!

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The crocs don’t like it much but they aren’t saying anything. No, it’s not the budget…. Its just that the crocs in Kerala can’t be associated with Steve Irwin says his widow. Though Irwin was famous for his role in wildlife conservation, his wife isn’t too happy about the Kerala Wildlife Department dedicating its crocodile park at Neyyar, Thiruvananthapuram to him. For a brief background, the Kerala Wildlife Department had named their crocodile park ‘Steve Irwin Crocodile Research and Rehabilitation

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An example from our Chinese neighbours

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One of the few business method patents that have been granted by the Chinese Patent Office, which is generally very cautious while allowing such patents, was recently invalidated by the Patents Re-examination Board after an invalidation request was filed by a local University. The patent was for ‘Computer system for data management and method for operating said system’ and was held by Citibank. It is interesting to note, that these proceedings were not filed by a rival company, but rather

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SpicyIP Tidbit: Birmingham wants a GI for Balti

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The Birmingham City Council, UK, is considering applying for a GI for “Balti” dishes that they claim originated in that part of the world, according to this and this news item from the BBC. Balti, yes, as in bucket in Hindi/Hindustani/other languages, according to the Council website “is actually a round bottomed wok with side handles, originally used by the people in the Baltistan region of Pakistan”. (Er… “kadhai” anyone?). The BBC report adds that Balti is a type of

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Thank you for making us #4 in the IP world!

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After a two – phase assessment process spread over several months, IP Watchdog Gene Quinn has published his results of the top 50 patent blogs. We’re delighted to inform you that SpicyIP ranks in at number 4 in the IP blog world, based on a calculation system that has taken into account links, website traffic and votes. The image on the left takes you to the website. For details on methodology and detailed ranking results, please visit here. Spicy IP

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IIPS is Inviting Applications for its IP Courses

/ By / Patent

The Institute of Intellectual Property Studies (IIPS), one of the most reputed and perhaps oldest IP training institutes from India has informed SpicyIP that its new courses are beginning the 18th of July, 2009. For those of you who are interested in upgrading your IP skills/knowledgeable, please register quickly. I’ve been a part of several IIPS programs and have always been impressed with their overall quality. During my year at GW law school, IIPS hosted and held one of our

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Novartis Patent Rejection by the IPAB: Accessing the Decision

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In a previous post, I highlighted the key aspects of a decision by the IPAB (Intellectual Property Appellate Board) rejecting Novartis’ claim to a patent covering Glivec. CH Unni of the Mint carried a report on this decision. See also this report by PB Jayakumar in the Business Standard (unfortunately, there’s been a small misquote: the provision governing “public ordre or morality” is section 3(b) and not section 3(d), as stated in this piece). Many of you wrote to ask

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Design v. Copyright- Need for a Clear and Rational Distinction- III

/ By / Copyright, Design, Overlaps in IP

Continuing our discussion from the last two posts, we shall now move on to the judgment of the Division Bench of the Delhi High Court in Microfibres. Before I proceed any further, my apologies to the readers for the delay in rounding up this discussion. At the expense of sounding repetitive, here are the conclusions and propositions made in the last two posts.1. A work which is capable of being registered as a design under the Designs Act, 2000 would

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Breaking News: Indian IP Tribunal Denies Patent To Novartis’ Glivec

/ By / Patent

The IPAB (Intellectual Property Appellate Board) just ruled that Novartis’s patent application covering Glivec (beta crystalline version of Imatinib Mesylate) is not patentable, since it fails to satisfy the requirements under section 3(d) of the Indian patents act. This section requires that in order to be patentable, a pharmaceutical derivative must demonstrate significantly enhanced “efficacy” over and above the prior known molecule. And more controversially, the IPAB held against the grant of a patent, since Glivec costs Rs 120,000, a

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The Purse May not Open for All: NGO’s Advocate Greater Transparency in the Functioning of WHO Expert Working Group on R&D Financing

/ By / Others

In November, 2008, the WHO had established an Expert Working Group on R&D Financing (EWG) for examining the existing financing and coordination of R&D and for reviewing proposals for new and innovative sources of funding to stimulate R&D related to diseases designated Type II and Type III and to identify the specific R&D needs of developing countries in relation to Type I diseases. Consisting of 24 experts and policy makers, the EWG is supposed to submit a final report to

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