Patent Office finally takes Form 27s seriously


The Patent Office issued a public notice yesterday (i.e. February 12, 2013) directing all patentees and license holders to submit Form 27 applications for each calendar year by end of March for the previous year. The notice draws attention to Section 122(1)(b) which after the 2005 amendment allows for imposition of fine up to to 10 lakhs for non-submission. The notice can be accessed here. A similar notice was issued on December 24, 2009 by the then Controller P.H. Kurian…


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Patent

Why aren’t there any takers for compulsory licenses?


Last September, SpicyIP queried the Controller General of Patents relating to application filed with them seeking compulsory licenses (CL) under the Patents Act, 1970. Our primary motivation was to test the CL provisions amended in the post TRIPS era. The exact wording of the queries as below:  a. Please provide true copies of Form 17 applications filed by applicants for seeking compulsory license per Patents Act, 1970 Sections 84(1), 91, 92(1) read with Rule 96.  b. Please provide true copies…


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Event

SpicyIP Announcement: Brainstorming Session on Traditional Knowledge & Biodiversity


Patent Gurukul and Pravin Gandhi College of Law at Mumbai are hosting a ‘brainstorming’ session on ‘Traditional Knowledge & Biodiversity’ on February 15, 2013. The session will focus on the recent ‘Guidelines for Processing of Patent Applications Relating to Traditional Knowledge’ and its implications on the Biodiversity Act & Rules. The objective of this exercise as outlined in the press release below: In view of the extreme approach adopted by the government which is highly detrimental to indigenous research, it…


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Others

SpicyIP Weekly Review: January (2013) Week 1


This new year Barry Sookman announced the most popular intellectual property and technology blogs. It gives us great pleasure to inform you that SpicyIP was ranked 8th best blog in the world. Dennis Crouch’s Patenly-O was rated the best and Micheal Geist’s blog was the best tech blog at 4th place. We thank our readers for their support! Incentives through Recognition? Nobel Assembly Sued for Libel and Unfair Competition (Swaraj Paul Barooah) Image from here Dr. Rongxiang Xu instituted a suit…


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Copyright Event

SpicyIP Announcement: Copyright Amendments, 2012: A Fair Balance?


SpicyIP is delighted to announce a two-day Conference on ‘The Copyright Amendments, 2012: A fair Balance?’ jointly hosted by the MHRD IP Chairs at the National University of Juridical Sciences (NUJS) and the Cochin University of Science and Technology (CUSAT). The conference is supported by the NUJS law review and the Intellectual Property & Technology Law Society (IPTLS). The conference will held in Kolkata on November 27 and 28, 2012. The Indian Copyright Act, 1957 has been amended six times…


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Stocktaking: IPAB’s performance over the years


Nine years ago on September 15, 2003, the Government of India constituted the Intellectual Property Appellate Board (IPAB) to hear appeals from Trade Marks (TM) and Geographical Indications (GI). In April 2007, the Board was vested with powers to hear appeals from the Controller of Patents. Headquartered at Chennai, the Board additionally holds sittings at Mumbai, Delhi, Kolkata and Ahmedabad. To get a real sense of IPAB’s performance thus far, Spicy IP filed an RTI application seeking information of number…


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SpicyIP Weekly Review (November Week 1)


In this week’s top story, the Intellectual Property Appellate Board (IPAB) on November 02, 2012 revoked Roche’s Pegasys in a post-grant opposition filed by Sankalp Rehabilitation Trust. Pegasys is the first Indian patent to be granted on a pharmaceutical drug. The patent was revoked on  two counts: (a) that it was ‘obvious’ for a person skilled in the art and (b) that the patentee failed to prove that the invention was  more’efficacious’ than previously known substance, a requirement under Section 3(d) of the…


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Kerala loses its sense of proportionality, takes extreme steps to fight online piracy


India has the third largest population of internet users and soon it could be the country with largest number of prisoners! For close to six months now, the Anti-Piracy Cell (APC) of the Kerala Police with the assistance of Mollywood’s new anti-piracy tracking software, Agent Jadoo, has been aggressively monitoring the cyberspaces to combat piracy. The software, developed by a Kochi-based JadooTech Solutions Ltd., detects the IP addresses of users dealing in pirated copies. The software assisted the Kerala Police…


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SpicyIP Weekly Review (October Week 1)


Top of the news this week is the decision of the Division Bench of the Delhi High Court which recognized the doctrine of ‘international exhaustion’ under domestic trademark law. The decision partially allowed the appeal against the order of the Single Judge in Samsung Electronics Co. Ltd. v. Kapil Wadhwa & Ors dated February 17, 2012. The Bench stated that an erroneous approach by the Single Judge led to an incorrect interpretation of the Trade Marks Act, wherein it was…


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Trademark

Breaking News: Delhi High Court recognizes international exhaustion under the Indian trademark law


In a landmark decision, the Division Bench of the Delhi High Court yesterday recognized the principle of international exhaustion under the Trade Marks Act, 1999. The Bench comprising of Justice Pradeep Nandrajog and Justice Siddharth Mridul partially allowed an appeal filed by Kapil Wadhwa (Appellant) against the order of the Single Bench in Samsung Electronics Co. Ltd. & Anr. v. Kapil Wadhwa & Ors [C.S. (OS) No. 1155/2011] dated February 17, 2012. The Appellants were represented by Sai Krishna and…


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