Biological Diversity

SpicyIP Tidbit: ‘Victory’ against Biopiracy in the Pelargonium Patent case


Our older readers will remember Aysha having blogged about the Pelargonium patent case in 2008. Almost two years later, in what is being hailed as a victory against bio-piracy, the patent granted to German based Schwabe Pharmaceuticals for the anti-bronchitis drug after a ruling by the European Patent Office has been withdrawn on the grounds that the same did not amount to a “discovery” since the uses of the plant were known sufficiently in advance (having been used extensively by…


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Copyright

Madras High Court mulls the not so glittery tale of "Thangam"


The High Court of Madras has in this judgment (the cause title of which I absolutely cannot locate!), decided the application for interim injunction seeking restrain against an alleged case of copyright infringement with a focus on the evidence of proof of infringement vis-a-vis ingredients mentioned in Order 39 of the CPC. Briefly put, in this case, the Plaintiff had alleged that on 26th June 2008, it had been assigned the rights by one of the Defendants to produce a…


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Trademark

Banyan Tree spreading its roots: Karnataka High Court on Jurisdiction


A recent order passed by a Single Judge Bench of the Karnataka High Court has reinforced and strengthened the Banyan Tree ruling pertaining to jurisdictional issues in matters of trademark infringement. We are lucky to have a guest post on the subject by Nidhishree B.V., who was had worked on the matter and was able to give us some useful insights. Nidhishree graduated from University Law College, Bangalore University in the year 2005 as a gold medallist and rank student….


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SpicyIP Tidbit: IIM-C with a new IP course.


Jumping on the IP bandwagon is none other than one of the leading managment institutes of the country. IIM Calcutta (IIM-C) has now introduced “The Business of Intellectual Property” course for their Post Graduate Management students . Launched on 15th December 2009, the course hopes to cover the emergence of IP, a focus on the legal & regulatory systems, the transactional issues in IP and even a special focus on IPR protection in China. The faculty at IIM-C, Dr. VK…


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Patent

SpicyIP Tidbit: Announcing the arrival of Peer To Patent Australia


Continuing on our zealous path of advocating the cause of collaborative work to produce superior results, Benjamin McEniery was kind enough to point out to SpicyIP, a brand new initiative from our friends down under- “Peer-to-Patent Australia”. This has been modelled along the lines of the Peer-to-Patent projects of the New York Law School (NYLS) and the Japan Patent Office. A joint initiative of the Queensland University of Technology along with IP Australia, Peer-to-Patent Australia has been initially set up…


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Innovation

SpicyIP Tidbits: Global Health Policy- when is the price right?


Our readers will remember this post by Suchita which apart from a highly memorable picture from Shrek, also dealt with the important issue of profit margins in terms of pharmaceutical manufacture. And now, SpicyIP is thrilled to report to its readers that there is finally a down to earth, honest admission by an Indian entrepreneur on the state of Global health care, and India’s contribution or lack thereof to it. Ms. Kiran Mazumdar Shaw, known to most Indians as a…


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Plant Variety Protection

SpicyIP Tidbits: The UPOV Uprooting Participation?


An interesting article in IP Watch caught the attention of the SpicyIP team this week. In keeping with our endeavour to increase transparency and discussion on intellectual property related topics, this article in IP Watch has provided us with ample information. The International Union for the Protection of New Varieties of Plants this month to grant two advocacy groups, the “observer status” as has been provided for under the Union for the Protection of New Varieties of Plants (UPOV) Convention….


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Guest Post: ISP liability in light of the ITAA, 2008.


A couple of days ago, we had reported here about the IT Amendment Act finally coming into force. This was pointed out by one of our readers, Aditya Gupta who as I had mentioned previously is a final year student at the National University of Law, Jodhpur. I have the pleasure of knowing Aditya personally, having worked with him previously during a legal internship. Apart from being among the top ranked academically in his Batch, Aditya has also been a…


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Copyright

SpicyIP Tidbits: The ITAA, 2008 in force, finally.


Late last month, the Government of India finally ended the ho-hum surrounding the Information Technology (Amendment) Act, 2008 and the same is now in force. As explained by this Press Release, the need for a comprehensive legislation that deals with information technology in today’s world arose for several reasons, including Security for information that is communicated using the internet etc., provisions for Cyber Crimes that have profilerated in the last decade, as well as to help the growth of e-commerce…


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Trademark

Delhi HC on the Maaza TM Dispute


The interesting case on the allegedly unauthorized use of the MAAZA Trademark closely contested between Coca Cola and Bisleri International already has been reported on the blog here, here and here. To briefly recount the facts for our newer readers, in this case, Bisleri Sales Ltd. previously Golden Agro Products, was the registered proprietor of the TM Maaza as well as the owner of the secret base etc. used to manufacture the product. The company then amalgamated with Bisleri International….


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