Category Archives: Patent

Competition Law Patent Unfair Competition

A Critique of the Decision in Unwired Planet v. Huawei


On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter “Unwired”) decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:…


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Patent

Patent Office’s Answer to a Patent Agent Exam 2016 Question Challenged before the Bombay High Court


We had, earlier this year, brought to you a guest post by Dinesh Parmar, one of the candidates who wrote the Patent Agent Exam 2016, wherein he had argued that answers to two of the Paper-I Set C questions as provided in the answer key published by the Patent Office were incorrect. While answer to one of the two questions (i.e. Q. 49) was rectified by the Patent Office on February 2, there has been no clarification issued for answer to Q….


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Patent

Del HC Division Bench Stays Restoration of Seed Companies’ Contracts with Monsanto as Ordered by Single Judge


In a major development, a Division Bench of the Delhi High Court comprising Justice Ravindra Bhat and Justice Yogesh Khanna has granted a stay on the restoration of the license contracts between Monsanto and seed companies as ordered by a Single Judge (Justice R.K. Gauba) on March 28, 2017. Justice Gauba had found Monsanto’s termination of its license contracts with Nuziveedu and other seed companies to be prima facie illegal and temporarily allowed these companies to continue using Monsanto’s patented…


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Patent Plant Variety Protection

The RSS involvement in the Monsanto-Nuziveedu dispute and a reticent Bloomberg-Quint editor


In a special investigative report published on March 28, 2017 Reuters revealed the role being played by the Rashtriya Swayamsevak Sangh (RSS) in the IP dispute between Monsanto and Nuziveedu. For readers not familiar with the RSS, it is the ideological parent of the ruling Bharatiya Janata Party (BJP). Although the RSS claims that it is only a “cultural” body not involved in politics, there is little doubt that the BJP or the Prime Minister (who was a member of the…


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Overlaps in IP Patent

Part IB: Qualcomm v. ACIT #Royalty #Non-Resident #Section. 9 ITA


If the tone I use happens to be terse or unenthusiastic over the course of this series, I beg you to excuse me. Microsoft Word decided to stop responding and consequently, I lost three draft pieces. To make matters infinitely better for me, deadlines are fast approaching. So, let me relax, breathe and start all over again. We will be discussing the last prong of S. 9(1)(vi)(c).    #2“for the purposes of making or earning any income from any source…


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Overlaps in IP Patent

Part IA: Qualcomm v. ACIT #Royalty #Non-Resident #Section. 9 ITA


I write to discuss the case of Qualcomm. v. ACIT. For better comprehensibility, I will be covering the issues over three parts. Part I (A&B): Applicability of S. 9 (1)(vi)(c) of the Income Tax Act. Part II: Distinction between “copyright” and “copyrighted article”. Part III: Explanation of Relevant Technology (CDMA Tech.). At the outset itself, note that the order is of a slightly different kind. While it clearly establishes the manner in which the rules are supposed to function, it…


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Patent Traditional Knowledge

SpicyIP Fellowship 2017-18: The Turmeric Battle


We are pleased to bring to you a guest post by our Fellowship applicant Aishwarya Ambardekar. Aishwarya is a 4th year student at ILS Law College. This is her first submission for the Fellowship. The Turmeric Battle Aishwarya Ambardekar The world as we know it, understands innovation in a rather binary manner, where only those inventions or ideas that materialise in laboratories or Research Centres are given importance. Innovations undertaken in more informal settings, by common folk such as farmers and…


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Patent

Delhi High Court Declines to Grant Monsanto an Interim Injunction in Dispute with Nuziveedu


Justice R. K. Gauba of the Delhi High Court passed a 95 page order  yesterday in the patent and trademark infringement lawsuit filed by Monsanto against Nuziveedu Seed Ltd., Prabhat Agri Biotech Ltd. and Pravardhan Seeds Pvt. Ltd. To briefly recap the origins of dispute, Monsanto licensed its Bt. Technology to Indian seed companies like Nuziveedu which incorporated this technology in its cotton seeds so as to render them resistant to attacks by boll-worms. The Indian seed companies sell these…


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Patent

In a Significant Decision, ICSID Rejects Eli Lilly’s Claim that the Utility Standard under Canadian Patent Law has Undergone a Dramatic Shift


In a widely reported decision, the International Centre for the Settlement of Investment Disputes Tribunal (hereinafter “the ICSID”) last week dismissed Eli Lilly’s claims against Canada under the North Atlantic Free Trade Agreement (NAFTA) founded upon a purported change in the utility standard for establishing patentability under Canadian law. In its 159-page judgment, the Tribunal squarely rejected the company’s claim that Canadian courts radically altered the interpretation of the utility standard claim for patenting between 2002 and 2008 that operated…


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Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?


We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…


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