AIDS (Acquired Integrity Deficiency Syndrome) in the Nobel Prize Committee?


Salman Rushdie was probably and unfortunately right when he said that nothing is sacred anymore; the monumental edifice that the Nobel Prize has been for so long a time has now come under fire for tendentious practices in electing candidates for the prize. True, this is not the first time this noble institution has been at the centre of a controversy, but the controversies earlier related to either omission of deserving personalities, most notably M.K.Gandhi, or for the religious adherence…


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Patent

So Now You Could Infringe a Patent by Thinking About It


“The Patent System as it stands today has to a considerable extent “just growed”, without much reference to fundamental principles, escaping the social planning of men into unexpected byways…” The profundity of this statement made by Edith Penrose way back in 1951 commenting on the economics of the international patent system is relevant even today, if only with greater vigour. This was not a hoarse-throated cry of some emotionally-charged self-proclaimed self-styled pseudo-intellectual seeking to do away with the system of…


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CII’s Manual on Anti-Counterfeiting Technologies


Almost a fortnight ago, in a welcome and long-due move, the Confederation of Indian Industry (CII) released a 52-page manual titled “Technological Solutions: A primer for Combating Counterfeiting & Piracy” which as the name explains deals with steps to counter counterfeiting. A reliable source informs SpicyIP that Prof.Avi Chaudhary, Kezzler’s India associate, played a key role in authoring the manual (Readers may recall Prashant’s crisp and concise post on the use of mass-serialization by Roche as a means of battling…


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Patent

A Googly From the Madras High Court


Parties, Forum and DecisionPlaintiff/Patentee/Registered Proprietor of the Design: A.R.SafiullahDefendants: Daniel, Indira Daniel, Rajapudeen and MariappanForum: High Court of MadrasDecision: Ad interim injunction against the defendants for design infringement upheld, non-grant of ad interim injunction against defendants for patent infringement confirmed Details of the Patent and the Technology InvolvedTitle of the Patent: Food-grade laminated paper, method and apparatus for manufacturing the laminated paperPatentee: A.R.SafiullahPatent Number: 198079 (in para 3 of the judgment, it states 189079)Date of Filing: 29th August, 2000 (the…


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Mr.Pot to Mr.Kettle: Hey, You are Black!


Talk about getting paid back in one’s own coin! Be it the annual human rights report card or the IP progress report (the USTR Special 301 report), the US of A finally seems to have met its match and this time it’s someone its own size, literally and figuratively- China. It looks like Pax Americana is truly at an all time low (what’s the word for it? Ah yes- rock bottom). According to a post on the International Economic Law…


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SpicyIP Review: “Perceptions of IP” by Roya Ghafele


SpicyIP wishes its readers a Safe, Happy and Prosperous Diwali! IntroductionThe joy, of seeing someone express a particular opinion in the right forum on an issue which one strongly feels about, in a manner better than one could have done, and in exactly the way one would have liked it, is something best experienced than expressed. This was precisely what I felt after reading Roya Ghafele’s “Perceptions of IP” (a report prepared under the aegis of the Intellectual Property Institute…


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Biological Diversity

TK, Spams and Biopiracy- IP’s Own Triple Entente


“I am Mr MOYON GERARD, I am French expatriate and I live in cote d’ivoire. I do not very speak English, I am in this country for the marketing of a magical plant. This plant is the (STEVIA). This plant contain enough vitamin and it is without colestérol. I work on the case for a long time and this plant is wonder enough and is already sold in many countries around the world, this plant will replace the sugar. The…


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Supreme Court on Exclusive Marketing Rights


This post discusses the recent decision of the Supreme Court on continuance of Exclusive Marketing Rights (EMR) delivered in a special leave petition involving GlaxoSmithKline (GSK) and the Controller of Patents and Designs. But before that, SpicyIP thanks Sandeep Rathod of GenericIPGuy blog for forwarding this decision to us. SpicyIP also congratulates Mr.Pravin Anand of Anand and Anand who was the lead counsel in this case. This month alone, Mr.Anand has won 3 Supreme Court IP decisions, the first one…


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SpicyIP Tidbits: Global Coalition Against Software Patents


Guess the Mombattiwalas will have a field day. Here’s the excerpt from a post on Readerlist: “A global coalition of more than 80 software companies, associations and developers has declared the 24th of September to be the “World Day Against Software Patents”. Five years ago, on 24 September 2003, the European Parliament adopted amendments to limit the scope of patent law and thereby protect small software companies from the harmful effects of broad and trivial software patents. A global petition…


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SpicyIP Tidbits: WHO and DCGI- A Sweet-Sour Relationship


In what seems to have become a regular affair, the WHO has “has objected to the practice of Indian pharmaceutical companies misusing international non-proprietary names (INN) as trademark protected brand names.” If newspaper reports are to be believed…: “In a recent letter to the Drugs Controller General of India (DCGI), the WHO has expressed concern over a trademark application filed by Cadila Pharmaceuticals for “platin”, a common name that is used for at least 18 medicines. Cadilla officials were not…


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