Author name: SpicyIP

Part II: Novartis feels the heat of the Indian Summer. What is the fate of similar applications filed by Indian Manufacturers?

Following the concerns raised over allegations of lack of uniform standards of the Indian Patent Office in part I of this post series, this post attempts to put forth details of the various patent applications made by Indian companies (claiming patent for variants of imatinib mesylate). The aim is to get readers familiar with this area to comment on the possible outcome of these applications given the rigorous Section 3(d) standards as introduced applied in the Novartis case. To reiterate, […]

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Part I: Novartis feels the heat of the Indian Summer. What is the fate of similar applications filed by Indian Manufacturers?

In an article titled “India rejects Patent to Glivec’s Second Variant,” the Business Standard reported that the Swiss drug manufacturing multinational, Novartis AG, had been dealt with another blow by the Indian Patent Office. The Patent Office, in its March 30 ruling, accepted the pre-grant oppositions filed by Indian drug firms Sun Pharma, Okasa and others against Novartis’s five-year-old patent application over the alpha crystal form of Novartis’s blockbuster cancer medicine, Glivec. This setback follows the steps of the erstwhile

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WHERE DO WE GO? CHENNAI LIVE 104.8 FM ASKS THE MADRAS HIGH COURT

The name of the case is: Indian Performing Rights Society Ltd. & Ors. v. Branch Manager, Muthoot Finance Private Limited, Chennai & Ors, [2009 INDLAW MAD 697].  This case was filed before the Madras High Court by the Plaintiff Copyright Society against the Respondent Radio Channel, the former seeking to restrain the Respondent and it’s agents from communicating to the public, any musical and literary works of the members of the Plaintiff’s Society in the form of a broadcast on

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GREEN BRANDING – CASHING IN ON THE ECO-MARKET

WIPO (World Intellectual Property Organisation) is a specialized agency of the United Nations, dedicated to developing a balanced and accessible international intellectual property (IP) system. The WIPO Magazine, a bimonthly Magazine issued by WIPO (isn’t that a guess!) aims to inform readers about WIPO-led activities, and to show intellectual property, creativity and innovation at work across the world. Thus, the magazine features selected initiatives, policies, meetings, and other activities that have an impact WIPO’s work and the work of the

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THE HITCHHIKER’S GUIDE TO OFFSHORING PATENT SERVICES TO INDIA

Research and Markets, one of the world’s largest research resources, has recently released a guide to Offshoring Patent Services to India. The report gives an exhaustive account of the Indian patent services offshoring industry, and deals with topics ranging from the present market players and future growth figures. The report, first of its kind on the Indian market, provides an in-depth analysis of the buyer market as well as the Indian vendor space along. Based on secondary data as well

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PHARMA LOBBY WANTS A PROBE INTO DELAYED ORDERS

Mint recently reported that the Indian Pharmaceutical Alliance (IPA) sent a letter [on 17 March 2009] to P.H. Kurian [Controller General of Patents, Designs and Trademarks], T.C. James [Director, Department of Industrial Policies and Promotion] and the Union Government Body that oversees the country’s patent enforcement regulations, asking for a probe be conducted to examine the delay in deciding patent opposition cases. The alliance, which represents India’s top pharmaceutical companies, including Ranbaxy Laboratories Ltd, Dr Reddys Laboratories Ltd and Sun

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PIRATE BAY: A SINKING SHIP FOR HOLLYWOOD? (PART II)

I would like to thank Question IPR for his/her comments on Part I of the post series and am reproducing the his/her first comment below for a better understanding of the law of secondary liability for copyright infringement in the U.S. Question IPR stated that, “Indirect infringement liability (Secondary liability for Copyright infringement) in the United States can be divided into three major headings as of today: · Contributory Infringement · Vicarious Infringement · Inducement standard [I disagree with him/her.

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PIRATE BAY: A SINKING SHIP FOR HOLLYWOOD? (PART I)

This post series deals with the possible legal liability of the search engine, Pirate Bay (TPB) under U.S. and Indian law. The U.S. law on contributory infringement of copyright is discussed as their jurisprudence on this point is quite rich. This analysis is used as a basis for examining the possible liability of TPB, if a case of contributory copyright infringement is filed against them under Indian law. INTRODUCTION: THE TRIAL Four men, namely, Fredrik Neij, Gottfrid Svartholm Warg, Peter

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Nina Sings The Blues

The uncomfortable peace between the freedom of speech and expression, artistic liberties and copyright laws has again been disturbed. This time the challenge is mounted by Nina Paley, a US based cartoonist and filmmaker. The controversy centres on the music pieces used by Paley in her animated feature film titled Sita Sings the Blues. The theme of the movie, as briefly defined on the movie’s website is: Sita is a goddess separated from her beloved Lord and husband Rama. Nina

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Seminars and Workshops in lieu of the National IPR Campaign being conducted by the CGPDTM and DIPP in association with FICCI

In furtherance of the aim of the National IPR Campaign to create larger public awareness of IPR, starting from December 23, 2008, there are a series of seminars and workshops being conducted by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) and Department of Industrial Policy and Promotion (DIPP) in association with Federation of Indian Chambers of Commerce and Industry (FICCI) across eight major Indian cities. The issues covered in these seminars vary from a lecture

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