October 2012

The need for iron-clad enforcement of Section 8 disclosure requirements

/ By / Uncategorized

Ever since Justice Murlidhar’s order in the Chemtura judgment and Justice Sridevan’s subsequent order in Tata Chemicals, most patent agents have been filing almost all the relevant details regarding foreign patent filings, including the examiners reports generated by the USPTO, JPO and EPO. However this is not always the case. There are cases where the patent applicant is faced with a ‘lose-lose’ situation i.e. if he were to disclose the details of an adverse office action at a foreign patent office he […]

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NBA set to prosecute Monsanto’s Indian subsidiary: What about Cornell, USAID & the DBT?

/ By / Biological Diversity

In a story which ran today on PTI, the Chairperson of the National Biodiversity Authority (NBA) has reportedly informed the press that his organization is all set to prosecute Monsanto’s Indian subsidiary (Mahyco) in a criminal court for violation of India’s Biological Diversity Act, when Mahyco allegedly accessed ‘germ-plasm’ related to certain varieties of brinjal. According to the PTI report the Chairperson states “The company has used local variety of brinjal to develop BT brinjal. We are in the advanced

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Breaking News: Delhi High Court recognizes international exhaustion under the Indian trademark law

/ By / Trademark

In a landmark decision, the Division Bench of the Delhi High Court yesterday recognized the principle of international exhaustion under the Trade Marks Act, 1999. The Bench comprising of Justice Pradeep Nandrajog and Justice Siddharth Mridul partially allowed an appeal filed by Kapil Wadhwa (Appellant) against the order of the Single Bench in Samsung Electronics Co. Ltd. & Anr. v. Kapil Wadhwa & Ors [C.S. (OS) No. 1155/2011] dated February 17, 2012. The Appellants were represented by Sai Krishna and

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Breaking news: Cipla succeeds in revoking Pfizer / Sugen’s patent on Sunitinib

/ By / Drug Regulation

The Patent Office in a recent post grant opposition proceeding brought by Cipla against Pfizer / Sugen’s patent on the drug  Sunitinib, revoked Indian patent IN209251.  The drug Sunitinib is used to treat diseases caused by abnormal protein kinase activity. Interestingly the patent was revoked primarily on the ground that it lacked an inventive step (Section 2(1)(j)).  Pfizer / Sugen had earlier succeeded in defending a compulsory license (CL) proceeding earlier for the same patent.  The CL proceeding was withdrawn by

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TKDL poised to draw first blood before Indian patent office; long road ahead

/ By / Uncategorized

Finally, almost thirteen years after it was first conceptualized, the Traditional Knowledge Digital Library (TKDL) is on path to having an Indian TK related patent application, filed by an Indian citizen, being struck down as non-patentable.  I’d like to take a small slice of credit for this particular case because this was a case I had pointed out on the blog earlier this year, as a part of a series of posts on the TKDL. The focus of those posts

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ICANN set to change the topography of the internet

/ By / Uncategorized

Mr Arun Mohan had written a guest post for us back in 2011 when ICANN (Internet Corporation for Assigned Names and Numbers) announced they would liberalise the gTLD system. I am writing this post is to substantiate the developments of that announcement, but first to back up a bit and explain the background to this. (Warning: in analysing and predicting the growth of the internet, I may have used more space on the internet than our standard posts with this

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Call for Papers: Christ University, Law Journal

/ By / Uncategorized

With great pleasure, The Journals and Publications Society, School of Law, Christ University, invites contributions on contemporary issues of law from legal professionals, activists, academics and students for the second issue of its biannual peer-reviewed, Christ University Law Journal (CULJ), ISSN 2278-4322, to be published in January 2013. SUBMISSION GUIDELINES 1. Submissions would be entertained under the following heads: ·         Articles: 6,000- 10,000 words (inclusive of footnotes) ·         Case Comments and Book Reviews: 2,000-4,000 words (inclusive of footnotes) ·         Legislative

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A Glass and a Half full of Purple Joy: Cadbury wins Trademark Battle against Nestle

/ By / Trademark

(Image from here)While the “Glass and a half full of joy” catchphrase is no longer being sported by Cadbury, the followers of Spicy IP, who have a sweet tooth, must be aware of the purple packaging that the chocolate giant has made famous throughout the years. The same has also been the subject matter of a recent trademark battle between Cadbury and arch rival Nestle before the Birmingham High Court.   As far back as 2004, Cadbury had applied to

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EBC granted injunction against Lexis Nexis for infringement of copyright

/ By / Copyright

Last month we had blogged about the interim injunction granted in favour of Eastern Book Company (EBC) restraining Thomson Reuters (including Westlaw and Indlaw) from infringing the copyright in their law report Supreme Court Cases (SCC). In a further development, EBC has now been granted an interim injunction against LexisNexis India (including LexisIndia) and Butterworths by an order dated 22 September 2012 issued by the District Judge of Lucknow.   As with the previous order the court held based on

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Novelty of Design: Tarun Sethi v. Vikas Budhiraja

/ By / Uncategorized

Name of the case: Tarun Sethi & Ors. v. Vikas Budhiraja & Ors. [Delhi High Court CS(OS) 1841/2008] Date of judgment: August 6, 2012 Bench composition: V.K. Jain, J. Facts of the case: Plaintiffs 1 & 2 were running a partnership firm manufacturing and selling hardware like door closers, spring hinges, etc. One of these products is a door spring being sold under the trademark ‘YEN’. As per the plaintiffs, the design of the spring, consisting of a unique capsule

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