Competition Law Patent

The Competition Act, Patents and Over Hyped Drugs – Part I


Shamnad drew my attention to a recent news report in the Business Standard, “Law not Equipped to Handle Pharma Monopoly: Experts” The report states: “With anti-competitive practices of global pharma companies increasingly coming under regulatory scrutiny internationally, Indian public interest groups and the domestic medicine makers complain that India’s competitive laws are not equipped to face a similar situation of monopoly in the sales of patent protected medicines in the country.” The report provides two view points: (1) Leena Menghaney,…


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Innovation Patent

Tata’s Nano: Patents, Innovation and a Good Laugh!


Note: Those of our readers reading this post as an email in their inbox, I strongly recommend logging onto SpicyIP for the full effect! In November last year, the Economic Times reported that Tata was seeking a patent on its 1 lakh car christened “Nano”. The report stated: “Auto heavyweight Tata Motors is understood to have sought a global patent for the design and technology involved in the much awaited Rs one-lakh car, people close to the development said. Tata,…


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Copyright

Moral Rights Under Copyright Laws: A Peep Into Policy – 3


As promised, here’s more on the right of integrity under Copyright law. I start the discussion from a slightly dated article referred to in the first post in this series. Mira T Sundara Rajan discusses the right of integrity in her article “Moral Rights in the Public Domain: Copyright Matters in the Works of Indian National Poet C Subramania Bharati” 2001 SING. J. LEGAL STUD. 161. The article discusses the dilemma faced by the Indian government when it realized the…


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Uncategorized

Open Source for Cost Effective Drug Discovery


Dr. Samir K Brahmachari, the new Director-General of the CSIR is all set to unleash the open source revolution in drug discovery and biotechnology. The Economic Times Reports: “For the first time ever, India plans to launch an innovate drug discovery programme roping in global IT firms, researchers, companies, and young minds at scientific laboratories to invent drugs at a fraction of the cost of an MNC-developed drug. Drug discovery has hitherto been the forte of MNC pharma giants. The…


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Copyright

Moral Rights Under Copyright Laws: A Peep Into Policy – 2


As promised in my previous post, here’s more on moral rights and related policies. To start where I’d stopped, this week we are looking at an interesting survey (albeit a little dated) conducted by the Copyright Office in the US in the mid 90’s to review the waiver provision’s operation to “assure that artists were not coerced by unequal bargaining power to forfeit their moral rights.” The survey “[sought] comments on artists’ bargaining power relative to that of commercial users…


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Copyright

Moral Rights under Copyright Laws: A Peep into Policy – Part 1


“In the material world, laws are geared to protect the right to equitable remuneration. But life is beyond the material. It is temporal as well. Many of us believe in the soul. Moral Rights of the author are the soul of his works. The author has a right to preserve, protect and nurture his creations through his moral rights” (Justice Pradeep Nandrajog Amar Nath Singh v. Union of India (2005)) Section 57 of the Copyright Act, 1957 provides for what…


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Geographical Indication Trademark

Geographical Indications and Certification Trademarks – same difference?


The TRIPs agreement deals with Geographical Indications under Articles 22-24 and requires that each member country put in place a system to protect Geographical Indications. As per the TRIPs agreement, Geographical indications are, …, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. The TRIPs Agreement requires that each member…


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Uncategorized

Spicy Tidbits


Prof. Samir K Brahmachari appointed new CSIR Director General Professor Samir K. Brahmachari took charge as the new director-general of the Council of Scientific and Industrial Research (CSIR) on Monday. Prior to this appointment, Prof. Brahmachari was the director of the Institute of Genomics and Integrative Biology (IGIB). See Full Report Here. Novartis, Glivec and the IPAB: Who cares about Statutory law? This Tuesday, the Madras High Court accepted a formula proposed by the government, under which the patent appeal…


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Others

SpicyIP Events


1. Trademarks and Geographical Indications A round table on Striking a Balance Between Trademarks and Geographical Indications: The Italian Perspective is scheduled for Nov 21, 2007 (2:30pm)and might be of interest to our readers in Italy (The round table will be presented in Italian.) According to the INTA Website, the round table will focus on the different degrees of protection offered by trademarks and geographical indications, aimed at opening a debate on whether there exist any shared principles capable of…


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Others

SPICY TIDBITS


SPICY TIDBITS Piracy and a “rare act of intelligence” According to Remix Theory Warner Brothers’ China division, in a rare act of intelligence on the part of a major media company, demonstrated significant savvy last year when they began selling cheap, legitimate, high quality DVDs of movies within days of the theatrical release. By pricing the discs at around 12 yuan (approximately US$1.50), Warner is hoping to make cost a non-issue, thus allowing them to compete in one area where…


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