Obama-ization of the Special 301 Report


The United States Trade Representative (USTR) is holding public hearings with respect to this year’s Special 301 Report. This hearing will allow interested persons to testify before the interagency IPR team. Interested parties including foreign governments wishing to testify at the hearing have been asked to submit a request to testify and a short hearing statement. The hearings are scheduled to be held in March. USTR will also be creating a Special 301 website with links to current and historical…


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Innovation

Guest Post: No Man’s Land


Here is a funny take take on the Innovation Bill by Suchita. Suchita will not be able to post regularly because of her job and other commitments. You should however be on the look out for guest posts by her once in a while. In our earlier posts (which can be found here and here) we have extensively dealt with the draft legislation, the National Innovation Act 2008. Its quite interesting to note that, yet to become law, this draft…


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Copyright

SpicyIP Tidbit: Music Artistes in tune with the Copyright Amendment Bill


Lyricists, composers and singers are beginning the year with a bang owing to the proposed amendments to the Copyright Act. The Copyright Amendment Bill recently received Cabinet approval (detailed posts can be found here and here). Information and Broadcasting Minister Ambika Soni has stated that the amendments will give independent rights to authors of literary and musical works in cinematograph films. The Bill will be tabled before the Parliament in the Budget Session in February. As reported here in the…


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Patent

Another Setback for Dr. Reddy’s Generic Olanzapine


Dr. Reddy’s Laboratories has failed to successfully challenge Eli Lilly’s patent on olanzapine (a blockbuster drug) in the Court of Appeal. Click here for the judgment. Dr. Reddy’s Laboratories appealed from the judgment of Judge Floyd delivered in October 2008 which refused to revoke Eli Lilly’s patent on olanzapine. Olanzapine is an antipsychotic agent used to treat schizophrenia. The patent expires in 2010 but the legal protection will extend to 26 September 2011 owing to a supplementary protection certificate. Supplementary…


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Uncategorized

FICPI INDIA SYMPOSIUM 2009 – Student Session


FICPI is an organization working for the interests of Patent and Trademark professionals world-wide. On 9th of December, 1st day of the Symposium CII & FICPI is organizing a Student session at IIT Campus. FICPI members from India and abroad will visit and deliver a series of presentations and speak with the students about the advantages and disadvantages of choosing the patent attorney profession as career. The program is tailored to suit the Technology & Legal & Post Graduates. The…


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Patent

Indian Company bears the brunt of Section 3(d)


After a series of overseas pharmaceutical companies, it is now the turn of an Indian pharmaceutical company to bear the brunt of Section 3(d). The relevant patent relates to Clopidogrel Bisulfate claimed by Cadila Healthcare, a pharmaceutical company based in Ahmedabad. A pre-grant opposition was filed by Glochem Industries, a Hyderabad based pharmaceutical company. The instant writ petition has been filed by Glochem Industries alleging misconstruction and misapplication of the law. The judgment followed the interpretation of Section 3(d) in…


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Patent

Guest Post: The Power to Suspend the Operation of a Patent


We bring yet another guest post by Mathews P. George, a fourth year student of NUJS. As posted by Prof. Shamnad Basheer, IPAB has again stayed the operation of Ramkumar’s patent covering dual SIM phones. I have argued in my earlier post that IPAB does not have the power to stay the operation of patent. In this post, I shall argue that the Order favouring the existence of such a power lacks logic and coherence. (Image from here). Background: The…


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Sweets Galore: From the Laddu to the Shavige


After the Tirupati Laddu, it is now the turn of shavige (seviyan in Hindi, shemai in Bengali, sevalu in Tamil) or vermicelli. Financial Express has reported that Bambino Agro Industries (which according to the newspaper report claims to the largest producer of vermicelli in Asia) has applied for geographical indication (GI) status for its Bambino brand. It is also reported that Bambino is the exclusive manufacturer of pasta with durum wheat semolina in India. Origins of Vermicelli: Googling vermicelli returned…


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Uncategorized

RIGHT TO READ CAMPAIGN: KOLKATA


The nationwide Right to Read Campaign began with a road show at Loyola College, Chennai. The second event of the Campaign is all set to happen in the West Bengal National University of Juridical Sciences, Kolkata. The program aims to: – To accelerate change in copyright law.– To raise public awareness.– To gather Indian support for the Treaty for the Blind proposed by the World Blind Union at WIPO. Express your support for the cause by participating in the event…


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Vacancy at WIPO


Position: Legal Officer (P.3) Application Deadline: November 23, 2009Duty Station: Geneva The position is under the supervision of the Head of the Traditional Creativity, Cultural Expressions and Cultural Heritage Section, Traditional Knowledge Division. Qualifications required: • University degree in law, preferably with a post-graduate specialization in intellectual property law, notably in copyright and related (“neighboring”) rights.• At least six years of relevant professional experience, preferably in the field of intellectual property law, in particular copyright and related (“neighboring”) rights, in…


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