SpicyIP Tidbits: DIPP continues marching the e-way!


The oft-criticized DIPP has new reason to rejoice. The brainchild of the FICCI Working Group on the Patent Office (that we had blogged about earlier), the system of e-filing of patents has received tremendous response! While the e-filing method does not reduce the fees for filing at the moment, they have made filing more convenient, and the public obviously agrees, with several thousand applications already filed. Elated with this, the Ministry of Commerce and Industry has come up with new…


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Patent

SpicyIP Tidbit: Outsourcing patent applications revisited by USPTO


Document The latest USPTO notice which has several important implications for countries such as India, has interestingly been issued with a view to discourage “solicitations” by a number of law firms and/or service provider companies located in foreign countries with respect to preparation of patent applications to be filed in the U.S. on behalf of registered American patent practitioners. The notice is essentially a reminder by the USPTO to persons concerned, since in practice there has been some transgression from…


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Copyright

Hunting the Pirates: The Guruji and BharatStudent amongst others to be caught in recent T-Series Rampage


An Indian music giant is out to hunt pirates. And how! Instituting copyright infringement proceedings against YouTube & Yahoo! for copyright infringement was only the beginning of the T-Series in court. As reported by the Economic Times, the company has also confirmed to notices issued to websites, including MSN, MySpace, Guruji.com and Bharatstudent.com. [Read Spicy posts on the Youtube and T-Series case here and here. Read also, Sumathi’s post on the rumoured out of court settlement, which T-Series has denied…


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Crafting the National IP Policy: Will the Tiger learn from the Dragon?


Remember the last time you were in the electronics shop and decided to buy the cheaper Chinese rip off instead? Well IP and business journals across the globe have been reporting for the last month or so about the revamped Chinese IP policy that hopes to forget the days of pirated goods in the hidden pages of Chinese history. The effort to enforce Intellectual Property laws in a far more efficient and manner better aligned to international (especially American laws)…


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Copyright Trademark

‘Sweat of the Brow’ may be of the Past: Reckeweg v. Adven Biotech


On July 1st, 2008, the Delhi High Court through Justice Ravindra Bhat delivered (once again) a fabulous judgment, clarifying the standard to be adopted by Courts in deciding grant of injunctions in trademark infringement and copyright subsistence in a work. Briefly, the facts of the case are as follows. The Plaintiff, Reckeweg, is a German based homeopathic company and claim to specialize in the ‘R-Series’ line manufactured globally by them and in sold in India since 1980. “The letter “R”…


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Copyright

And the battle continues: Super Cassettes and PPL seek review


Our readers will remember separate posts by both Shamnad and I analysing the May judgment of the Supreme Court in Entertainment Network (India) Limited v. Super Cassettes. The judgment pronounced came after a long history of decisions by the Copyright Board, followed by the Delhi and Mumbai High Courts. For a quick recapitulation, the portion of the judgment most critiqued in essence has allowed for the determination for reasonable royalty, but the grant of an almost “automatic Compulsory License to…


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Competition Law Patent

(KEI) Cracking Open Anti-competitive Practices in the Developing World: Complaints, Amendments and Waivers.


In Feb 2007 Knowledge Ecology International (KEI) had brought to the notice of the US Federal Trade Commission the practices of Gilead Sciences Inc. with respect to certain patented drugs used in the treatment of HIV and AIDS of Gilead that they believed was wholly anticompetitive. As Shamnad recently posted, this is with respect to a same drug that is facing pre-grant opposition in India from a Brazillian organisation. The study of these documents made for very interesting reading, one…


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Patent

SpicyIP Tidbits: Inefficiency and Carelessness continue to haunt the Patent Office.


While on one hand, the Patent office seems to be treading a new path and improving their user based services, they also at the same time seem to be making the same mistakes all over again. Today, Business Standard reports that the validity of several patents granted by the IPO to medicines, including valgancicloivir, moxifloxacin, and antipsychotic olanzapine, have been questioned by public interest groups and health advocacy firms. Alleging inefficiency, these groups have stated that none of these drugs…


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SpicyIP Tidbits: Patent Office goes interactive!


In what appears to be an innovative scheme, users can now interact and clarify queries with specific reference to Patent and Trade marks from the Patent Office to get immediate answers. This comes in furtherance of the FICCI Press Release by the “FICCI-DIPP Consultative Working Group on Patents/Trade Marks and Designs system in India”, which readers will remember had recommended the creation of an assistance mechanism to help users understand the working of patent office and the procedural issues. Thus,…


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Copyright

Compulsory Licensing and the Copyright Holder: Entertainment Network Limited v. Super Cassettes Industries


After Shamnad’s comprehensive post about the basic facts of the case of Entertainment Network v. Super Cassettes Ltd., not much remains to be discussed except the great impact that the judgment will have on the Indian music industry and copyright holders of sound recordings. A quick recap on the two most important aspects of the decision:1. An automatic Compulsory License can be granted to any applicant especially where the same is in “public interest”. All that is left for determination…


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