Patent

S. 3(d) like provision under the proposed “Quality Affordable Medicines Act” in the Philippines


According to recent news articles (here and here), the Senate in the Philippines has passed a new “Quality Affordable Medicines Act” (Senate Bill No. 1658) (the text of the Bill can be found here) that seeks, inter alia, to amend patent laws to allow importation of cheaper drugs, support the development of local generic industries, authorize the President to impose price ceilings on life saving drugs (in India, this role is played by the National Pharmaceutical Pricing Authority – for…


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Copyright

Living in Glass Houses… (Cont.)


I have been getting a number of comments and suggestions from all around on the last piracy post – this is really inspiring, and very informative! As promised, here’s a summary of all the comments and suggestions received so far for the benefit of all our readers… please keep them coming! Price cuts and Per feature Pricing Ravi suggests that software companies can help themselves a great deal by allowing customers to choose the features that they want and pay…


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Uncategorized

Living in Glass Houses and Throwing Stones: Who cares about piracy?


I came across a recent article on India’s attempt to step up the fight against piracy. Articles on piracy or efforts to curb it are certainly not rare. I’ve personally heard it being debated and discussed ad nauseum at numerous public and private fora. This time though, it stirred a little bit more interest in me than before. Admittedly, one of the reasons for this might be that I’ve been reading the book “Hot Property” by Pat Choate. The book…


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Lessons to be learnt from License to remake My Cousin Vinny


Funny how the Indian Entertainment Industry seems somewhat schizophrenic at times! Readers might recall that in my last post on the Urmi Juvekar copyright infringement case, I had said it is strange that the courts seem to have found a concept to be copyrightable. I also opined that the copyright laws don’t seem to warrant such a decision even though equity would certainly call for it. A recent newspaper report might actually strengthen the argument in favor of Ms. Juvekar’s…


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Uncategorized

Urmi Juvekar Chiang v. Global Broadcast News Ltd. and Anr.


If the caption does not a ring a bell it is probably because most popular newspapers have not been covering this matter. There are of course a number of reports on the facts of the case on the internet (See for example, here, here and here) but I haven’t so far come across any analysis of the law relevant to the case. This is probably because the judgment itself is very hard to get a hold of. Thanks to my…


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Patent

The Bilcare decisions by the Delhi High Court: Preliminary injunctions and the presumption of validity of a ‘new’ patent


Two recent decisions of the Delhi High Court discuss the issue of grant of interim/preliminary injunctions in patent infringement disputes. The cases, M/S Bilcare v. M/S Amartara and M/S Bilcare v. M/s Supreme Industries were both decided on March 20, 2007. The key issues discussed in the decisions are: (1) Whether there is any presumption in favor of the validity of the patent for grant of preliminary/temporary injunction in favor of the patentee?(2) What are the grounds for grant of…


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You Tube and § 79 of the IT Act – A Second Look


I was not really expecting any comments on the short note I posted last week on § 79 of the IT Act and Pawan Duggal’s comment regarding YouTube’s liability. However, I did get an interesting observation by email from Mathew Chacko, an intellectual property lawyer in Delhi. I quote from his email: “You Tube’s liabilities are probably going to originate in copyright law and a theory of network service provider liability under copyright law will probably be based on theories…


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Uncategorized

You Tube and § 79 of the IT Act


YouTube was recently reported as having removed world cup cricket video clips after the ICC accused it of copyright infringement. In the brief report, Pavan Duggal was reported as having said that “under Section 79, IT Act, network service providers (like Google, You Tube) shall be liable for all third party data or information made available.” The statement may be a mis-quote or a mistake of law. In either event, section 79 of the IT Act actually states the exact…


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Patent

Patents and Public Interest – Musings from the Thai Compulsory License Controversy


The conflict (or apparent conflict) between patent rights and public health once again came into the limelight with the Thai government granting compulsory licenses to three patented drugs. On November 29 last year, the Thai government made its first strike with the announcement that it was granting a compulsory license to the Government Pharmaceutical Organization of Thailand (Click Here) for production of Merck’s patent on Efavirenz (an AIDS drug sold as Stocrin). Following closely in line was the compulsory license…


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Copyright

Yahoo! In Hot Pickle


      Yahoo! has been in the midst of a spicy controversy since it launched its Malayalam portal last month. A number of bloggers from Kerala, lead by Ms. Surya Gayathri attacked Yahoo for allegedly plagiarizing content from their blogs. Ms. Surya Gayathri, who had posted her recipe for Erunellika (Gooseberry pickle) on her blog (Kariveppilla – see image) was shocked to find her recipes copied verbatim on the Yahoo portal (For a translation of recipes on the Yahoo…


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