Author name: Yashasvini Kumar

SpicyIP Tidbit: IPR and the Government

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The DIPP has launched an ambitious 300 crore plan to revamp IPR implementation mechanisms and to sensitize stakeholders. This will entail:1. Setting up a state-of-the-art trademark registry office in Ahmedabad.2. Enhancing the infrastructure capacities of the existing trademark office in New Delhi.3. Setting up a National Institute for Intellectual Property Management at Nagpur. Senior Commerce Ministry officials have stated that there is a need to raise levels of IPR protection as more multinational players enter the markets. Secondly, as our …

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Spicy Tidbit: Report shows heavy losses plague entertainment industry

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The USIBC (US India Business Council) has released a study titled “The Effects of Counterfeiting and Piracy on India’s Entertainment Industry” prepared by Ernst and Young which shows that the industry loses Rs. 16,000 crores and 8,00,000 jobs every year to theft and piracy. The policy study was commissioned by the USIBC and FICCI as part of their Bollywood-Hollywood initiative and has been funded by the Global Intellectual Property Center of the U.S. Chamber of Commerce. FICCI Secretary General Dr. …

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SpicyIP Tidbit: Indian Pharma shows off its figure(s)

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In continuation of an earlier piece blogged by Sumathi (with very comprehensive comments by sai which are a really interesting read) here is another post on Pharma MNC’s facing very stiff competition from their Indian counterparts. The Economic Times reports that Indian companies have trounced fears that global pharma MNC’s would dominate our domestic market in the product patent regime post 2005 as in the last year the market share of foreign companies has fallen from 24% to 22%. I …

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SpicyIP Tidbit: Need for amending the Trademarks Act?

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This article chronicles the remarks of senior officials citing the advantages of amending the Trademarks Act for accession to the Madrid Protocol. These changes are to be incorporated in the Trademark Amendment Bill currently with Parliament. The advantages of such amendments will be as follows: 1. Allowing Indian companies to apply for registration in multiple destinations from their local offices.2. An 18 month deadline will be applicable for Indian companies applying for trademarks.3. Global protection under the Madrid system can …

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Spicy Tidbit: Haste makes wasteThe KHPPT adds only securing the handmade product

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This post is in furtherance of something I have posted earlier. I had already written about the Government of India trying to get GI protection for pashmina. Kashmir Newz reports that apart from objections put forward by the Pakistan based Rawalpindi Chamber of Commerce a Srinagar based artisan body the Kashmir Handmade Pashmina Promotion Trust (KHPPT) has also filed an objection. The KHPPT objections have reached the Chennai registry unlike those by the Pakistan delegation. “The KHPPT is asking for …

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Spicy Tidbit: 2nd day at the Annual Global Forum on Innovation, Creativity and Intellectual Property

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Today was the 2nd day of the 2nd Annual Global Forum on Innovation, Creativity and Intellectual Property organised by CII in conjunction with the Department of Industrial Policy and Promotion, GOI and the US India Business Council (Mumbai). The day began with a discussion on “Global trends in IP Protection” where Narendra K. Sabharwal, Deputy Director General, World Intellectual Property Organisation spoke of the following – shift in focus of IP community from protection of IP to promotion and exploitation …

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Spicy Tidbit: Injunction granted in HCV TRI-DOT case

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J Mitra’s company dealing with HCV-TRIDOT( a device for the detection of the Hepatitis C within 10-15 days) has been granted an injunction in its favour preventing Span Diagnostics from making or selling any diagnostic test which might infringe their patent. “The defendant (Span Diagnostics) and its agents are restrained from manufacturing, selling, offering for sale or in any manner dealing with the impugned product Signal HCV or any other product violative of the plaintiff’s (J Mitra’s) patent,” Justice Sanjay …

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A taxing situation for pharma companies

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In extension of an earlier post the Hindu Business Line has reported on the matter in greater detail. Examining why Indian pharma companies are pushing so hard for tax incentives we see that: greater regulation of drug prices in the domestic market, a depreciating dollar and pressure on pricing in large markets such as the US, has left the Indian pharmaceutical industry at the crossroads.In the last nine months, only players with wider geographical presence (with a multiple currency exposure) …

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Patent-ly problematic

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India’s IP regime is being hauled up for not being industry friendly enough by the biotechnology Industry Association (BIA). Business Standard reports – The association raised the following concerns: 1. Indian laws lack clarity with regard to the patentability of biomolecules like nucleic acids.2. The provisions dealing with disallowing patents for known products which do not result in significant enhancement of efficacy.3. India’s capacity to include data protection clauses for medicines.4. The “onerous” obligations relating to the disclosure of source …

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Spicy Tidbits: Compulsory Licensing Dilemma

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Bangkok is continuing preparations to import the generic drug to treat breast and lung cancer patients to fulfill its obligations under the universal health care scheme. This is despite the uncertainty over compulsory licensing in the country. The Government Pharmaceutical Organisation board has chosen to sign a deal with Dabur Pharma to distribute Docetaxel. The GPO chose the Indian drug maker over two other companies, including patent owner Sanofi Aventis, after it offered to distribute the drug for 1,245 baht …

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