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Swaraj Paul Barooah

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Copyright Overlaps in IP Trademark

Guest Post: Are Copyrights in Logos considered Trademarks for the Purpose of Taxation?

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In her 2nd post for our SpicyIP Fellowship applicant series, Arundathi Venkataraman brings us an interesting post that seeks to draw attention to a recent decision of the Madras High Court in which several interesting arguments pertaining to service tax, copyright and trademark were made. Arundathi is a 4th year student at NLU, Jodhpur. Her previous post is available here: GI for Yoga? (De)Merits and Consequences. [The deadline for submission of entries for our Fellowship application has now passed. We shall be going…


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Others Patent

Guest Post: Of Recipes and Patents

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Due to some issues with the site, we had put a hold on our SpicyIP Fellowship applicant series but we’re back now and will get through the remaining ones as quickly as possible. Kiran Mary George, a 2nd year student at ILS, Pune, brings us her third entry with this post looking into the questions of whether recipes can be patented or not. Her previous two entries included “The Smell Mark Conundrum” and “The iPhone v iFon conflict“. [The deadline for…


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Sponsored

The Grand Masters 2015 – In-House Counsel Legal Best Practices Summit

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We’re happy to announce the The Grand Masters 2015! Please note, it will be held in three different cities on three different dates in February. And please also note while registering – SpicyIP readers are entitled to a 30% discount! Details of the summit are below: Have you been facing challenges as an In-House Counsel? Have you been able to build and lead successfully an In-House Team? Have you been able to strike a balance with the External Counsel? Do you have…


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Events Sponsored

INTA’s “India Emerged: Protecting Brands in India’s Evolving Economy” re-scheduled for February 6, 2015

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We’d like to announce a change in date for INTA’s India conference scheduled in February. Please see the details as below: Due to the 2015 Delhi Legislative Assembly Election on February 7, 2015, INTA’s India conference has been rescheduled for Friday, February 6, 2015. INTA is excited to present to you the conference in its updated format and this includes ·         Key Brand Owner Perspectives from various  industries leading high level discussions on hot topics including the Madrid Protocol, new…


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Innovation Others Overlaps in IP

Guest Post: Open Source Killing Machines: From Russia With Love

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We’re happy to bring our readers this fascinating post by Balaji Subramanian, a 2nd year student at Nalsar University of Law, Hyderabad. He draws a connection between the Open Source movement, and the Soviet military hardware sector! This is his 4th post in the SpicyIP Fellowship applicant series. His previous posts include 2 posts on improving usage of the Traditional Knowledge Digital Library (here and here), and this post on policy concerns on granting Trademarks to military hardware on classes outside of their…


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Patent

Gilead to appeal Sofosbuvir patent rejection

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Following on from our post yesterday, where I’d mentioned there were some potential issues with the patent office’s rejection of Gilead’s patent application over Hepatitis C drug, sofosbuvir, it appears Gilead will be appealing the decision due to the patent office’s handling of section 3(d). Also, its worth noting that besides Gilead’s patent application for sofosbuvir rejected, 13th January also saw India become the first Asian country to grant regulatory approval to sofosbuvir. Gilead’s response is as below: “Gregg Alton, executive…


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Drug Regulation Patent

Breaking News: Patent Office rejects Gilead’s Hep C drug patent application

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On Tuesday, 13th January 2015, the Patent Office rejected Gilead’s attempt to patent Hepatitis C drug, sofosbuvir (brand name: Sovaldi). The application had earlier been opposed through 2 pre-grant oppositions – by generic pharmaceutical company Natco, and as well as by non-profit group I-MAK. While this is certainly good news for the 18 million Hepatitis C patients in India, it does throw up some very interesting questions vis-a-vis the Indian pharmaceutical landscape. I’ll first look at what this means for the price…


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Copyright Innovation Others Patent Plant Variety Protection Trademark Traditional Knowledge

Examining the Draft National IP Policy; Stakeholder meetings to be held

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On 24th December, 2014, the 6 member IP think tank team, led by Justice Prabha Sridevan, released a 30 page draft National IPR Policy – (draft available here). It’s now announced that the Think Tank will be holding stakeholder meetings on February 5th, 2015, in its office in Delhi. Those interested in meeting the Think Tank can submit their comments on the first draft by January 30th, and email a request for meeting to [email protected] [See Press Relase]. It’s certainly applaudable…


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Innovation Others

SpicyIP Tidbit: GNLU-GUJCOST IPR Centre for Excellence Launched

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Shreya Dave, a 5th year student at GNLU brings us some exciting IP news from Gujarat, with the announcement of the launch of a Gujarat State Innovation Portal as well as a Centre on IPR. The official press release is expected to come out in the next two days. This post will be updated when it does come out. Please see her update as below: GNLU-GUJCOST IPR Centre for Excellence Launched By Shreya Dave Following the establishment of the Gujarat State Innovation Council…


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Copyright Others

Guest Post: Online Piracy – The Way Forward?

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Kartik Chawla brings us his 3rd entry to our SpicyIP Fellowship applicant series with this post looking into how copyright laws have by and large proven to be ill equipped to deal with issues of digital media content. He goes on to recommend that the law should be made more accommodating to the internet and related consumer behaviour. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Online Piracy – The Way Forward? By: Kartik Chawla One…


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