2014

Revisiting Patentability of Computer Programs and Section 3(k): A Different Perspective

/ By / Patent

This post continues from my previous (academic) posts on the topic re patentability of software, and provides an academic reasoning of what constitutes software / computer programme per se. The reason why I am limiting the issue only to the term software per se is because of the recent discussions draft guidelines issued by our Patent Office on the topic, and the subsequent discussions on the same.   As we know that the term per se did not come into the […]

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Teva loses in the patent battle against NATCO

/ By / Patent

Introduction The Delhi HC, in a recent judgment, returned the plaint filed by Teva Pharmaceuticals Industries Ltd. (“Teva”), Yeda Research and Development Co. Ltd. (“Yeda”) and Teva API India Limited (“Plaintiffs”) seeking permanent injunction for restraining NATCO from manufacturing Glatiramer Acetate product (Copaxone) for sale in the US. It was held that the Court did not enjoy the jurisdiction to entertain the suit. For BusinessLine report, see here. [Glatiramer Acetate (also known as Copolymer 1, Cop-1 or Copaxone – as marketed by Teva Pharmaceuticals) is

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NCAER Report on Parallel Imports OUT!

/ By / Copyright

The National Council of Applied Economic Research has released its much awaited report on the Impact of Parallel Imports on Copyrighted Works. Stakeholders can send in comments by 21st March 2014 and comments will be reviewed by the NCAER on 26th March 2014. The report adequately considers the opposing views of the producers as well as the consumers. It also urges all the stakeholders to amicably, through a healthy exchange of views, come to an optimal solution to the parallel

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Weekly Review (24th February to 2nd March)

/ By / Others

The SpicyIP highlight of the week is Thomas’ post on Rare diseases and innovation. We chose it as the highlight of the week as it brings to light an often under-discussed topic in the pharma patent world, while also being a stark example of an area that the patent system is currently ill-equipped to deal with. The last week was a busy one for our blog with some very interesting IP developments both in India as well as internationally. We

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Delhi HC stays release of Bollywood movie Gulaab Gang

/ By / Copyright

(The release of the movie has now been permitted with a disclaimer that the movie is not based on Ms. Sampat Pal and her work. The stay order by the Single Judge of the Delhi High Court has been vacated by the Division Bench of acting Chief Justice BD Ahmed and Justice Siddharth Mridul. We thank our commentator for bringing this to our attention.) Today, the Hindu carried an article that reported the stay issued by the Delhi HC on the

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Guest Post: “RPG Life” Arbitration – some interesting observations

/ By / Others, Trademark

Shashank Mangal, who is fast becoming one of our regular guest posters, brings us a post on a in an area we don’t cover very often – domain name disputes. Shashank is a 4th year student at ILS, Pune. “RPG Life” Arbitration – some interesting observations Recently, an award (here) was passed in a domain name dispute initiated by an Indian entity ‘RPG Life Sciences Ltd.’ against ‘James Mathe’. It was arbitrated upon by ‘WIPO Arbitration and Mediation Center’ and

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Guest Post: Change of fees in new Patent Rules

/ By / Patent

We’re happy to bring our readers a guest post on the recent amendments to the Patent Rules dated 28th February, 2014. The article below is written by Advocate Abhishek Pandurangi, an Indian IP Attorney and Founder, CEO of closer2patents, an IPR Solutions Firm based in India and UAE, with contribution from Ms. Geetha Loni, Senior IP Associate at closer2patents. It does not intend to provide any legal opinion nor is intended to be biased to any person or group of persons

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Delhi HC Vacates Injunction Granted in Favour of Steelbird – Design not New or Original

/ By / Design, Others

Steelbird Hi-Tech India Ltd. v. S.P.S. Gambhir and Ors. Text of the judgement available here. The Delhi High Court recently (Feb. 24, 2014) vacated an ex-parte interim injunction granted in favour of helmet makers Steelbird. Justice Manmohan Singh ruled that the registered design on the basis of which Steelbird had initiated infringement proceedings against S.P.S Gambhir and Others was not “new or original”. Facts of the Case: Steelbird Hi-Tech India Ltd. is a company that is engaged in the business

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Censorship, Copyright And the End of ‘Innocence’

/ By / Copyright

Recently, a U.S. Circuit Court has ordered that Google must take down from YouTube the controversial parody film ‘Innocence of Muslims’ based on a copyright claim by actress Cindy Garcia, who makes a 5-second appearance in the film. Copyright Law exists, in contemporary wisdom, to reward and incentivize creativity. However, with the explosion of content that the digital age has ushered in, copyright has also often been used as a censorship tool. We had reported earlier this week about the

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Rare diseases and Innovation

/ By / Innovation, Patent

We must applaud ourselves. We must applaud ourselves because we have toiled and advocated the causes of affordable healthcare and access to drugs. We have fought for cancer and malaria medication to be made available at naught a cost to the poor, ailing millions (well with cancer we tried anyway). While battle lines are yet being drawn, as we face up against Big Pharma and the corrupt, rickety governments that ensure they guzzle all our money, there is a group

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