2011

Don’t say TATA to the Turtles? Observations of the Delhi High Court

/ By / Trademark

Warning : Long Post Readers will remember that we have been following the TATA v. Turtle story. We now present to you a review of the recent  judgment of the Delhi High Court (IA 9089/2010 in CS(OS) 1407/2010).  The major issues raised before the Court pertained to defamation by Greenpeace against TATA and the trademark infringement. For the sake of brevity, I will focus on the observations made by Justice Bhat with regards to the trademark infringement issue. Before Hon’ble […]

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Data Exclusivity Debate: Whither Context?

/ By / Data Exclusivity

In this wired world of ours, they say that content is king. After reading Prashant’s impressively articulated post on data exclusivity, I’m inclined to supplement this with : “context is also king”. And unless content situates itself within context, it risks a painful dethroning. For context is one thing that he missed in an otherwise persuasive post: the “context” of the current EU-India FTA negotiations, where it is abundantly clear that the clarion call for data exclusivity comes from European

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The 1st Annual SLR – Sage Essay Competition

/ By / Uncategorized

Socio-Legal Review (SLR), the inter-disciplinary, peer-reviewed and student edited journal published by the National Law School of India University (NLSIU) and Sage Publications, the independent international publisher of books, journal and international media, have announced “The 1st Annual SLR – Sage Essay Competition”. Topics ( any one of the following): 1. John Milbank argues that, “Liberal principles will always ensure that the rights of the individual override those of the group.” For this reason, he concludes, “liberalism cannot defend corporate

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Reminder: Conference on ‘Indian Copyright Law: A Social Perspective’

/ By / Copyright

SpicyIP would like to remind our student readers about the conference being conducted by the Inter-University Centre for IPR studies in association with the HRD Chair on IPR, Cochin University of Science and Technology, from March 10-12, 2011 . The theme for the conference is ‘Indian Copyright Law: A Social Perspective’. The website been updated with additional details, including tentative speaker lists and details regarding accommodation, student presentations etc. There is also the option of registering online here. The last

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Enercon GmBH claims IPAB voided 12 patents on grounds of ‘national interest’; MIPR provides us with copy of the Order

/ By / Uncategorized

In an interesting development this morning we were pointed to the latest issue of ‘Wind-Power Monthly‘, a trade magazine covering the ‘wind-power’ sector in Germany and other jurisdictions. A lawyer for Enercon GmBH, the losing party in the recent decision of the IPAB, which voided 12 of its patents (we’ve blogged about it over here), has made a statement to the ‘Wind Power Monthly’ stating that the IPAB has allegedly decided the issue on the basis of ‘national interest’. I

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An attempt to ‘balance’ the data exclusivity debate

/ By / Data Exclusivity

Warning: Long post – you’ve been warned.Image from here. The ToI and the Indian Express have recently carried an op-ed, each, on why India should resist the ‘data exclusivity’ demand being thrust upon it through the Indo-E.U. Free Trade Agreement (FTA). Strangely the Op-eds although written by different people, carry the same title – ‘Don’t Swallow this Pill’. The ToI piece was written by Unni Karunakara, International President of the reputed ‘Doctors Without Boundaries’, while the IE piece was written

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Spicy IP Tidbit: Protection of Plant Varieties and Farmers’ Rights Authority appoints New Chairperson

/ By / Plant Variety Protection

(Image taken from here)Many of the followers of Spicy IP will probably be familiar with the organization Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA). The activities of PPV&FRA have been reported beforehand here and here, including an interview with the erstwhile Chairperson of the organization, Dr. S. Nagarajan. During Dr. Nagarajan’s tenure, PPV&FRA has been considerably active and successful in promoting the Plant Variety Protection regime in India, by way of hosting several National Consultative Seminars, advocacy programs,

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Amendment to S.2(m) – Copyright Standing Commitee Report

/ By / Copyright

Continuing with my series on analysing the Parliamentary Standing Committee’s report on the amendments to the Indian Copyright Act, in this post, I will focus on the proposed definition of ‘infringing copy‘ under Section 2(m) of the Act (I apologise for the long gap between the two posts – been having trouble with my laptop the past few weeks) CURRENT PROVISION:Clause 2 (m) of the Act defines the expression ‘infringing copy’ as a (a) reproduction of a literary, dramatic, musical

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Patenting Delays ?

/ By / Patent

The abysmal delays in the granting of patents is not a new tale for India. A recent editorial in the Week puts forth the sorry state of the IPO and the sheer frustration of the inventors. The report suggests that while about 79,000 patent applications were pending with the Indian Patent Office (IPO), only 16,061 were granted patents in 2008-09. The delay has been largely attributed to the acute shortage of man-power at IPO and not surprisingly, the shortage is

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India, South Africa gain from J&J-generic deal, Patent Pool loses out

/ By / Uncategorized

Johnson & Johnson’s subsidiary Tibotec has granted multiple non-exclusive licenses for a new HIV-AIDS treatment to generic manufacturers including Hetero Drugs Ltd, Matrix Laboratories Ltd from India and Aspen Pharmacare from South Africa. The drug in question, rilpivirine hydrochloride (TMC278)  is still pending approval however. Tibotec would recieve 2-5% of what is received for the pills. The press release by Tibotec is available here.  The licensing allows the Indian generic companies to manufacture, market and distribute TMC278 in Least Developed Countries, Sub-Saharan

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