The latest in the Roche- Cipla patent war are allegations of wrongful promotion of Erlocip. This is the same drug that Roche held a patent for, but Cipla continued to manufacture in India. Readers will remember Shamnad’s extensive post on the Roche-Cipla judgment that revolved around this very drug. As per the letter dated 27 March, 2008, Cipla allegedly distributed promotional literature on Erlocip for the treatment of four kinds of cancer (non-small lung cell, pancreatic, neck & head cancer…

SpicyIP Tidbit: Aamir Khan’s copyright saga

by Kruttika Vijay April 17, 2008

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Recently, SpicyIP reported on how Aamir Khan had strong views about the protection of copyright and was completely anti-piracy. Strong views. Perhaps, we know why. As per reports, the Metropolitan Court (pursuant to summons on February 10, 2008) on Tuesday summoned Bollywood actor and producer Aamir Khan to depose as witness in an old case of copyright violation of his acclaimed movie Lagaan in Mumbai. The case pertains to the seizure of seven VCDs of the 2001 release Lagaan and…

Piracy: Bigwigs offer differing opinions

by Kruttika Vijay April 13, 2008

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Piracy in the Film Industry is something that SpicyIP has written about extensively. (A search for it on the blog will show at least 25-40 posts on the matter- most recently posted here). And just when we thought the breast-beating was over and done, well known faces from the field have stepped up to voice their opinions on the matter. Not surprisingly, on one side we have bigwigs asserting their copyright and condemning piracy. Calling it the biggest threat, director…

SpicyIP Tidbit: Roche goes in appeal.

by Kruttika Vijay April 12, 2008

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The Roche saga may not be over yet. Stating that there is no corelation between public interest and patent laws, the Company has appealed against the order by the Dehi HC. The matter has been posted for April 22nd, 2008. This is the very same judgment by the Delhi High Court which SpicyIP found to be one of the best, most well researched judgments. SpicyIP hopes that the Division Bench has followed the case carefully, and finally puts the issue…

SpicyIP Tidbit: A slightly inebriated GI :)

by Kruttika Vijay April 11, 2008

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Goa- sun and fun! And what’s fun without some Feni!! This liquor distilled from cashew apple has been traditionally considered a poor man’s drink from its native Goa. However, in an effort to seek out new markets, the officials here have decided to fo the GI way. This is being led by the Warwick University’s principal investigator Dwijen Rangnekar who leads a project on Localising Economic Control through GIs. He explains: “As evident from products like champagne, Scotch whiskey and…

The Music Industry looks to the IP scene for better protection.

by Kruttika Vijay April 2, 2008

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Business Standard reports that there have been more than 13000 cases in the last 7 years- only for music piracy- in the country. This would include cases of mobile chip piracy, performance right violations and the like. India ranked 10th in the list of countries affected by piracy and with the current boom in the mobile entertainment segment, its market would encompass over 300 million users. However, now the Indian Music Industry is geared to fight back. Though lack of…

Patent

Commercial Success v. Public Interest: Publicising Clinical Trial Data

by Kruttika Vijay March 25, 2008

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Someone pointed out an extremely interesting article by Sarah Hiddleston in The Hindu to me. The article deals with striking that important balance between publicising information from clinical trials and a company’s own commercial motive. While believing that the former outweighs the latter, the article states several relevant questions through various examples. I reproduce the article below (do go through portions highlighted that I found to be an eye-opener.) “ Does putting full sets of clinical trial data in the…

Patent

Pharma MNCs approach the DGCI: To take on the Patent office together

by Kruttika Vijay March 24, 2008

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Citing the Cipla scenario as an example (and in light of the judgment that has already been discussed by SpicyIP), Pharma MNCs through bodies such as the Organisation of Pharmaceuticals Producers of India are all set to urge the Drug Controller General of India (DCGI) to better co-ordinate with patent offices across the country. The Director General of the OPPI, Tapan Ray. has also been reported to have stated in great detail that the reason for the Cipla case in…

SpicyIP Tidbit: The North East on a GI roll!

by Kruttika Vijay March 23, 2008

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Just today after reporting on the proposed geographical indication for the Byadgi Chilli, the North East has decided to join the bandwagon and bring a smile to thousands of entrepreneurs in Assam and Nagaland! The Indian Chamber of Commerce, is set to file applications seeking Geographical Indication Registration for the distinctive Assamese gamosa (a traditional piece of Assamese clothing in white and red to be draped around the neck) and the famous Naga shawl.Seems like these garments are going to…

Copyright and Current Reporting: FilmFAIR!

by Kruttika Vijay March 23, 2008

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The Filmfare Awards. One of the biggest and most publicised events for the Hindi film industry. However, for the Indian IP enthusiasts, this name could now be synonymous with current reporting and fair dealing! Recently this award show was screened at a primetime slot on Sony TV (India). As with most important and well publicised functions, Sony had made sure that they had acquired the exclusive license to broadcast the show. However, there were several other channels on television that…

Anastasiia { The Protection of Non-Traditional Trademarks Critical Perspectives Edited by Irene Calboli and Martin Senftleben https://global.oup.com/academic/product/the-protection-of-non-traditional-trademarks-9780198826576?cc=es&lang=en& }
{ The pre-grant opposition u/s 25(1) I believe isn't admissible once the controller is done deciding the application. The application was marked as 'in order for grant' and hence... }
Amit Tailor { Thank you very much, sir, for such a detailed discussion and analysis of the relevant statute. The aim of this post was, indeed, to highlight these issues you... }
Amit Tailor { While this article was under review, one more decision which can broadly be covered under the umbrella of this article was issued by the board and I have... }
sanjeev kr chaswal { I have read your post regarding recent orders issued IPAB and you have raised a pertinent question whether IPAB is a Appellate/Advisory/Adjudicatory authority or Tribunal, but in my... }

De-Coding Indian Intellectual Property Law

Pointing Fingers: Accusations fly as Roche-Cipla continue to lockhorns.

SpicyIP Tidbit: Aamir Khan’s copyright saga

Piracy: Bigwigs offer differing opinions

SpicyIP Tidbit: Roche goes in appeal.

SpicyIP Tidbit: A slightly inebriated GI :)

The Music Industry looks to the IP scene for better protection.

Commercial Success v. Public Interest: Publicising Clinical Trial Data

Pharma MNCs approach the DGCI: To take on the Patent office together

SpicyIP Tidbit: The North East on a GI roll!

Copyright and Current Reporting: FilmFAIR!