April 2012

SpicyIP Announcements: CUSAT Inter University Centre for IPR Studies Offers Short-term Fellowships to M.Phil/Ph.D Students

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The Inter University Centre for IPR Studies (IUCIPRS) offers short term fellowships of Rs.5000/- (Rupees Five Thousand only) per month for a maximum period of three months for M.Phil/Ph.D scholars in IPR related areas who have already registered in any recognized Universities in India. The objective of this short term fellowship is to facilitate M.Phil/Ph.D students registered for M.Phil/Ph.D in IPR related areas in any discipline in any recognized University in India other than CUSAT to utilize the resources in […]

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Novartis AG’s Indian Patent Specification: On file with SpicyIP

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After a 5 month long wait, the Patent Office at Chennai dispatched the information to an RTI application filed by me on November 01, 2011 asking for a photocopy of the entire case file of Novartis AG’s patent application on the anti-cancer drug, Glivec. The docket runs over 2500 pages. The complete patent specification filed on July 17, 1998 can be accessed from here.  Other files include First Examiner’s comments on patent specification, documents relating to grant of Exclusive Marketing Rights

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More bad news for the King of Good times as Force India Lose Aerolab IP Case

/ By / Copyright

When it rains it pours. As if Kingfisher’s woes weren’t enough, Mallya’s Force India lost their IP design battle against Aerolab last week, which is set to cost them about 850,000 euros plus legal fees which could amount to millions. The Chancery Division of the High Court of Justice last week finally gave its verdict in this long running dispute. The judgement which runs to over 300 pages and involved 14 days of hearing is finally out. The full decision

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Report of IP Roundtable Symposium organized by the MHRD IP Chair in NLU Jodhpur

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The readers of Spicy IP will already be aware of the two-day roundtable symposium on the ‘Emerging Legal and Policy Landscape of Intellectual Property Protection for Pharmaceuticals in India’ that was organized by the Ministry of Human Resource Development (MHRD) Chair on IPR at National Law University, Jodhpur in collaboration with the University Grants Commission on 17th and 18th March, 2012 (announced here). The symposium had brought together prominent multi-disciplinary experts, legal practitioners, academicians, policy specialists, representatives from the pharmaceutical

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A Specialist IP Court: Knowing More about Less?

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Given the exponential increase in patent litigation across the country, one needs to ask if its time for India to institute a specialist IP court. No doubt, we have the IPAB, but its jurisdiction is limited to appeals arising out of Patent and Trademark office decisions and to revocations (patents) and cancellations (trademarks). It cannot adjudicate upon infringement issues. Further, it suffers serious constitutional infirmities, as we allege in this writ petition before the Madras High Court. So, do we

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March 2012: Controller’s decisions at the IPO

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In the month of March 2012, the Controller’s at the IPO did not grant a single patent in actions before them; 23-0.  Although, 15 decisions were issued this month relating to section 3(k), we are unable to provide our case specific comments.  This is because none of these decisions (3(k)) is more than 2 pages with the operative text in a single paragraph.  These 15, 3(k) decisions came from a single Assistant Controller.  All these 3(k) decisions have a common

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CIC on RTI Act and Copyright

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The Central Information Commission, in Ms.SakshiMathur v. Ministry of Health and Family, decided on the issue of disclosure of certified copy of question booklet of AIIMS-MBBS Entrance Examination, 2011 and the corresponding answer key. The Public Information Commissioner of AIIMS had initially refused the disclosure inter alia on the ground that the questions and answers were the intellectual property of AIIMS and exempted from disclosure under the Right to Information Act (“RTI Act”). SaiVinod had earlier blogged on IIM’s Copyright

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