Copyright

Canadian Copyright Board’s Decision on Royalty to Copyright Collectives


Early this month, the Canadian Copyright Board came out with a decision on royalties required to be paid by satellite radio services, Sirius Satellite Radio and Canadian Satellite Radio, pegging it at 6.2% of the revenues earned from the use of the repertoire of three copyright collectives namely, Society of Composers, Authors and Music Publishers of Canada (SOCAN), the Neighbouring Rights Collective of Canada (NRCC) and CMRRA/SODRAC Inc. (CSI). The decision was given following the filing of applications for proposed…


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Another Bajaj-TVS Showdown in the Offing?


Readers may recall SpicyIP had extensively reported on Bajaj-TVS twin spark plug controversy around the same time early last year. It appears we will have more meat to chew on this year on a different technology but involving the two auto giants again. Yesterday it was reported in the Business Line that Bajaj was granted a patent 231498 dated March 5, 2009 by the Indian Patent office for its ‘ExhausTEC’ invention”. The press release issued by Bajaj states that ExhausTEC…


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Patent

SpicyIP Tidbit: US Court Rules in Favour of DRL on Prilosec


Last week brought good tidings for DRL which, these days, finds itself regularly in the news. A district court in Southern New York summarily ruled that DRL’s ANDA filing on Omeprazole Mg Over-The-Counter (OTC) version did not infringe Astra Zeneca’s patents on heartburn drug Prilosec. SpicyIP has dealt with this case in fair detail earlier with a comprehensive discussion of the issues involved by Mr.Chris Ohly. The suit was a typical Hatch-Waxman patent infringement case where Astra claimed that DRL’s…


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Patent

Roche Asked To Put on Hold its Infringement Suit by the SC


In the earlier post, the pre-grant objections to the Valganciclovir application of Roche were discussed (which had some really earthy and practical comments on interpretation of s.8 of the Patents Act, notably by Indian Patent Agent). According to news reports and updates by Lawyers Collective, the Supreme Court has ordered Roche not to pursue the patent infringement case against Cipla until such time the post-grant oppositions against the patent have been disposed off. The Court has asked the Controller to…


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Patent

Pre-Grant Objections Against Valganciclovir Application: Were They Frivolous?


In quite a few posts earlier, both Mr.Basheer and Prashant have discussed the developments in the proceeding concerning the pre-grant opposition of Roche’s patent application for its anti-retroviral drug Valganciclovir, better known as Valcyte. In a brilliant post earlier, Prashant had discussed in sufficient detail the ruling of the Madras High Court that the petitioner NGOs were entitled to a hearing in the pre-grant opposition under s.25(1) and Rule 55 of the Patents Act. This post focuses on the grounds…


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Copyright

Copyright in Characters- III (Indian Decision)


In the last two posts, 2 US decisions on copyright protection to characters were discussed and having deliberated to a certain extent on the topic, it would be of much more use to look at the Indian position. I thank Ms.Swathi Sukumar for directing me to the judgment delivered in 1996 by the Delhi High Court in Raja Pocket Books (Plaintiff) v. Radha Pocket Books (Defendant) which dealt with copyright protection for characters. The plaintiff in this case sought temporary…


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Copyright

Copyright in Characters- Fuzzy Idea/Expression Divide-II


In the last post, I started off with a discussion of US cases on copyright protection to characters and raised a few questions hoping to find answers as the discussion proceeds. The next case which I shall be dealing with is Ideal Toy Corporation v. Kenner Products and Twentieth Century Fox (1977). The judgment is pretty clear and enlightens one to the fact that US Courts probably have a tough time segregating the points of jurisdiction of Federal and State…


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Copyright

Copyright in Characters- Blurring of the Idea/Expression Divide- I


Personally, after reading Prashant and Kruttika’s several pithy and insightful posts, I find copyright law much more interesting than patents. Having rarely blogged on copyright law, I was tempted to take up a topic which allowed for a fair amount of shoring up of the fundamentals- copyright protection to characters;so if I err, which i am sure I am bound to, I am all for correction. Broadly speaking, there are two ways in which one may embark on this topic-…


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SpicyIP Tidbits: Microsoft Inks MoU with IIT Law School


The one-day University-Industry Partnership seminar at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur held on 3rd February witnessed the culmination of months of efforts between the IIT Law School and Microsoft India. The objective of the collaboration, as professed by both the parties, is towards enabling capacity building in IP law and policy. Prof.Partha P. Chakraborty, Dean of the Sponsored Research and Consultancy (SRIC) Cell of IIT Kharagpur and the Head of the IIT Law School, Prof.S.Tripathy represented…


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Patent

India’s Own Take on "Crown Use"


Finally, here’s a judgement on patents which means business and is thankfully not circuitous because, it is indeed a skill to identify and respect that elusive juncture where articulation ends and rambling begins, which is all the more important if it is a judgment. I say this with a sense of relief coupled with cautious elation that the Indian judiciary is slowly but surely finding its own way of dealing with patents casting aside a coloured vision of socialism. FactsThe…


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