Assuming that the general concept of parallel importation, both legal and illegal, is common knowledge, one would like to discuss the growth of technologies which seek to provide fool-proof mechanisms against counterfeit products. The need for such technologies is driven by the fact that the counterfeit market is valued at $500 billion and costs the government exchequer a sizable amount. It is estimated that 7% of the world trade is in counterfeit goods. Music, software and luxury goods suffer heavily,…

SpicyIP Tidbits: IPR Index

by J. Sai Deepak March 2, 2008

4 Comments

According to an article in the Intellectual Assets Magazine (IAM), Property Rights Alliance (PRA) released its International Property Rights Index (IPRI) Report for the year 2008, with rankings on protection for physical and intellectual property in 115 countries. In IP protection, among emerging economies, India ranks 47th along with Mauritania, with Brazil, China and Russia on 49th, 70th and 82nd positions respectively. Finland topped the rankings with Germany, UK and Japan occupying the next three slots; the US is ranked…

SpicyIP Tidbits: Lipitor Case

by J. Sai Deepak March 1, 2008

2 Comments

Last week, we had reported that Ranbaxy was prohibited by the Court of Appeal in Netherlands from launching a generic version of Pfizer’s basic Lipitor patent on atorvastatin (EP 247633). In an interesting reversal of fortunes, the same court has invalidated Pfizer’s patent on the enantiomer of atorvastatin (EP 409281) which was challenged by Ranbaxy. Pfizer may prefer an appeal against this ruling. It may be recalled that the Nexium case too deals with patent on S-enantiomer of Omeprazole, namely…

SpicyIP Tidbits: Interpol to Step in to Protect IPR

by J. Sai Deepak February 28, 2008

Leave a Comment

Tightening the noose on counterfeiting of goods for protection of IPR, a Database on International Intellectual property (DIIP) was launched at a Confederation of Indian Industry (CII) forum in Mumbai, as part of a joint initiative by the Interpol and the US Chamber of Commerce. Laying emphasis on the importance of protection of IPR in countries like India and China, Ron Noble, secretary general of Interpol and David Chavern, executive vice president and chief operating officer of the U S…

Patent

SpicyIP Tidbits: It’s a Case of Purple Heartburn

by J. Sai Deepak February 27, 2008

6 Comments

Here’s the story so far. AstraZeneca, the Anglo-Swedish manufacturer of prescription drugs had a basic patent on Prilosec (Omeprazole), a drug used to treat gastroesophageal reflux disease (acid reflux) and heartburn. Gastroesophageal reflux disease is the name given to erosions in the oesophagus on account of churning of pepsin in the stomach over a period of time which chips away at the delicate lining of oesophagus. This patent was supposed to expire in April 2001. However, the company came up…

A Patently Preposterous Patent?

by J. Sai Deepak February 25, 2008

Leave a Comment

“…be careful what you say in your blogs—blogs can work for you by denying property rights to others, they can work against you by exposing your ideas prematurely or narrowing your time window to apply for a patent, and they can establish a trail of evidence that a litigant can use against you to show a judge that your invention is an obvious extension of prior art.” So goes the blog entry which has now set the stage for the…

SpicyIP Tidbit: Is the Sheen Wearing off?

by J. Sai Deepak February 24, 2008

Leave a Comment

If reports from the industry are any indication, the signs are that the appreciation of the Rupee combined with an acute shortage of trained professionals for basic research are taking its toll on India’s image as a Research and Development outsourcing hub. According to Mr.Pari Natarajan, Chief Executive of Zinnov, an R&D consultancy firm: “Some companies witnessed a 20 percent rise last year in the cost of running their R&D operations in India. If this trend continues, the cost advantage…

SpicyIP Tidbit: Search for Traditional Remedies for Bird Flu

by J. Sai Deepak February 22, 2008

Leave a Comment

In a major institutional boost towards applying traditional Indian medicine to modern day afflictions, the National Institute of Siddha (NIS), Chennai has announced that it would jointly work with six other institutions namely, University of Madras, Anna University, Dr. M.G.R.Medical University, King Institute, MadrasMedicalCollege and Tamil Nadu Veterinary and AnimalSciencesUniversity, in the fight against bird flu. In this connection, a day-long session was held at NIS on Microbiology, Virology and Clinical Parameters in Avian Flu (Siddha perspective). The details are…

SpicyIP Tidbit: Bloopers Galore

by J. Sai Deepak February 22, 2008

Leave a Comment

Mysteriously, another form of Intellectual Property has cropped out of nowhere. Introducing the “Geographical Indicator Patent” also referred to as GIP. Atleast that is what The Telegraph says: “Pakistan opposes Jammu and Kashmir’s efforts to get a geographical indicator patent (GIP) on its centuries-old Sozni shawls, saying this embroidery craft is in vogue in its part of Kashmir, too. The neighbouring country’s traders want Sozni shawls made in Pakistan-occupied Kashmir included under the patent Kashmiri Sozni. Jammu and Kashmir’s Craft…

SpicyIP Tidbit: “RIN”

by J. Sai Deepak February 22, 2008

Leave a Comment

Rural India, it appears, is telling its urban counterpart that it is time the latter caught up with it in terms of innovation. After NIF, we have another NGO helping rural innovators get their due. Rural Innovations Network (RIN), founded by a Mechanical engineer (cant help feeling proud of one of my brethren) Paul Basil, has lent itself to the cause of making commercially viable products out of rural innovations. The primary areas of RIN’s focus are innovations related to…

Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }
Adyasha Samal { Thanks for bringing this to light. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. This could be... }
Praharsh Gour { Hi Ajay, Thank you for your engaging comment. I have a few points which I would like you to consider:- 1) As I have pointed out, courts are... }
Praharsh Gour { Hi GN, Thank you for your comments. I agree with your first point. Given that in a case of similar nature (which i have highlighted in the post)... }
AJAY AMITABH SUMAN { Dear Praharsh, thanks for appreciating my answer. However I still believe that Hon'ble High Court of Delhi did no wrong in observing that "export of a good shall... }

De-Coding Indian Intellectual Property Law

Anti-Counterfeiting Technologies

SpicyIP Tidbits: IPR Index

SpicyIP Tidbits: Lipitor Case

SpicyIP Tidbits: Interpol to Step in to Protect IPR

SpicyIP Tidbits: It’s a Case of Purple Heartburn

A Patently Preposterous Patent?

SpicyIP Tidbit: Is the Sheen Wearing off?

SpicyIP Tidbit: Search for Traditional Remedies for Bird Flu

SpicyIP Tidbit: Bloopers Galore

SpicyIP Tidbit: “RIN”

Patent Drafting Positions

DIGITAL Fellowship 2021