2012

Customs Board issues circular allowing ‘parallel imports’ under Patents Act and Trademarks Act

/ By / Patent, Trademark

In a circular dated 8th May, 2012 (available over here) the Central Board of Customs & Excise (CBEC) has instructed all of its officers that the IPR (Imported Goods) Enforcement Rules, 2007 will not apply to ‘parallel imports’ under the Patents Act, 1970 and the Trademarks Act, 1999. The circular states that this interpretation of the law is based on the views of the DIPP, which is the nodal government agency for the implementation of the patents and trademarks legislation. […]

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Yet another baffling judgment from the Delhi High Court extinguishes the rights of composers & lyricists

/ By / Copyright

In yet another setback to composers and lyricists of music in India, a Division Bench of the Delhi High Court in the case of IPRS v. Aditya Pandey & CRI Events, has dismissed IPRS’s appeal against the order of a Single Judge who had held that radio stations etc., who were broadcasting/communicating ‘sound recordings’ were required to pay royalty to only the owner of the sound recording and not the owner of the lyrics or the musical works which had

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German Court delivers Unfair Judgment in a Battle between Indian David and German Goliath? The Case of Continental A.G. v. Confidign Solutions Pvt. Ltd (Ideafarms)

/ By / Copyright

(Image taken from here) A matter that can potentially attract considerable controversy has recently been brought to the notice of the Spicy IP team. The readers would no doubt be familiar with the recent Enercon dispute (reported here, here and here) and the case involving Natco, wherein Indian Patent Office had granted its first compulsory license in a pharmaceutical product (reported here and here). Since these two decisions, the German government, policy makers and industry-owners have been known to have

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Parliamentary Standing Committee on Health tables damning report on the dangerous liaisons between the DCGI & the pharmaceutical industry

/ By / Drug Regulation

In what is probably a first of its kind report in independent India, the Parliamentary Standing Committee on Health & Family Welfare has tabled before Parliament a unanimous, damning report on the state of drug regulation in India and the manner in which it severely compromises the safety of Indian patients. The 118 pages report which is exhaustive, thoroughly researched and cross-referenced, and at times forensic in its examination of the evidence before it, raises very serious issues of subversion

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CSIR agrees to disclose royalties from its patent licencing activities for a period of 10 years

/ By / Uncategorized

In a welcome decision, Joint Secretary Dr. Jayakumar (IAS), who is the Appellate Authority for the implementation of the RTI Act, 2005 at the Council for Scientific & Industrial Research (CSIR) has agreed to disclose all royalties earned by CSIR through its patent licensing agreements for a period of the last 10 years. Image from here. The CPIO at CSIR HQs had earlier turned down my request to provide this information on the grounds that it was ‘confidential’ and also

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Supreme Court rules against interim CLs by the Copyright Board

/ By / Copyright

In a decision dated 3rd May, 2012, a bench of three judges of the Supreme Court overruled a Division Bench order of the Delhi High Court which had held that the Copyright Board had the power to grant interim compulsory licences under Section 31. The order of the Supreme Court can be accessed over here on the Indian Kanoon website and Mathew’s post on the earlier order of the Delhi High Court can be accessed over here. Radio stations have

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Compulsory Licensing: Pot Vs Kettle

/ By / Patent

India’s first (post TRIPS) compulsory licence issued less than two months ago, much to the consternation of the United States, whose commerce secretary expressed deep displeasure noting that: “Any dilution of the international patent regime was a cause for deep concern for the US.” Given the posturing of the government then, I was rather surprised to see the toning down in the Super 301 report which was astonishingly nuanced in its assessment of the compulsory licence. Kudos to the drafters

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IPAB dismisses patent revocation petition for lack of evidence

/ By / Uncategorized

Image from here In a decision dated the 9th of March, 2012, the Intellectual Property Appellate Board (IPAB), dismissed a revocation petition under Section 64 of the Patents Act, 1970. The petition had been filed by The Travancore Mats & Matting Co. against patent no: 206494 which had been granted by the Patent Office for an invention titled “A method of making coir tufted rubber mats”.  The reason for dismissing the revocation petition was the failure of the petitioner to

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US District Court rules Tarceva patent valid: impact on India

/ By / Patent

Our regular readers would know that Roche had sued Cipla before Delhi High Court (DHC) claiming that Cipla’s generic product Erlocip violates Roche’s Indian Patent IN196774(“774 patent”) for ‘Erlotinib Hydrocloride’ or commonly known as “Tarceva patent”. Similarly, they would also know about the case between Roche and Natco where Roche had brought suit of infringement against Natco for infringing the same Tarceva Patent. The same Tarceva application (537/DEL/1996) was also the subject of a pre-grant opposition back in 2007 filed by Natco against Pfizer.

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April 2012: Controller’s decisions at the IPO

/ By / Uncategorized

April was comparatively relaxed at the Controller’s offices as compared to March.  Eight decisions were issued and three applications were allowed.  What is most interesting this month is the manner in which applications were allowed or refused. For example, one allowed case states: “Agents to the applicant has discussed/explained at length and reached to a conclusion to further amending his application and come back with the retyped pages in shortest possible time.  Applicant’s agent has filed such written response and amendments

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