Feedback on draft guidelines for Computer Related Inventions

/ By / Patent

Image from here The IPO recently received feedback on its draft guidelines for Computer Related Inventions (here). Madhulika blogged about these guidelines (here). Feedback revolve mainly around the following issues: • Most of the comments view the guideline’s interpretation of S. 3(k) as unduly ‘restrictive’, especially with regard to the meaning of ‘computer programs per se’. Comments also highlight the lack of examples of computer programs that are patentable and point to the fact that that the guideline only give […]

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A naïve report from Parliament on FDI in the Pharmaceutical Industry

/ By / Uncategorized

Over the last two decades, the Department-Related Parliamentary Standing Committees have slowly but surely matured into credible institutions that contribute significantly to policy formulation in India. Sadly though, the Parliamentary Standing Committee on Commerce continues to be an exception to this rule of evolution.  Its latest report on “FDI in Pharmaceutical Sector” (available over here) comes to sweeping conclusions against FDI in the pharmaceutical industry with little or no supporting empirical evidence. Policy documents seeking to effect major policy changes

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INTAvening in the Supreme Court: Parallel Imports and the Samsung Saga

/ By / Trademark

INTA, widely recognised as the most powerful IP association the world over has applied for leave to intervene in the famous parallel imports battle that is ongoing in India. A recent INTA bulletin states: “The Asia-Pacific Subcommittee of INTA’s Amicus Committee has filed an amicus brief with the Supreme Court of India seeking leave for INTA to intervene in a closely watched case on parallel imports and international trademark exhaustion. This is the first time the Association has sought to act

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Surprising news! – Roche decides to not ‘pursue’ Herceptin patents in India

/ By / Uncategorized

In an extremely surprising development, which was first reported by Vikas Dandekar of PharmAsia, in an article available over here, Roche (which owns Genentech) has announced that it will no longer “pursue” its Herceptin patents in India.  In his statement to PharmAsia, Roche’s spokesperson was quoted as saying that Roche will “not pursue its Indian Patent 205534 and the related divisional applications”. All of these patents and applications which are owned by Genentech have been in trouble for the last

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Independent Intellectual Property: Gunning For (or Against) Glivec?

/ By / Uncategorized

On this momentous occassion of India’s 67th independence anniversary, I thought it fit to reflect on the space for “independent” intellectual property thinking. Sadly, tis’ a space that is fast shrinking. And the root cause is one that I’ve highlighted time and again on this blog. A polarisation of our IP debates, and a Bush like “either you’re with us or against us” kind of approach.    Anyone with a half decent view on IP is immediately forced to align

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SpicyIP Tidbit: Special Services announced by WIPO for users of Madrid System

/ By / Trademark

India’s accession to the Madrid system and the consequent amendments to the Trademarks Act and Rules had been covered previously on the blog, available here and here. On July 30, 2013, the WIPO has announced new special services for the users of the Madrid System. The services which will come into effect from August 1, 2013, includes the issuance of a certified copy of a certificate of an international registration and of a certificate of its renewal which can be obtained

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GI News: Kaipad Rice, Nagpur Oranges, Dharmavaram Sarees and more

/ By / Uncategorized

Image from here The month of August has seen a lot of GI excitement. As the Hindu reports (here and here), the Kaipad rice of Kerala, Nagpur oranges and the Dharmavaram Saris of Andhra Pradesh received clearance for inclusion in the GI registry. A four month period for objections has been provided after which these GI’s will be notified in the Register. If on the one hand GI are being doled out, on the other, GI holders are trying to

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SpicyIP Tidbit: Patent Office confirms status of Genentech’s Herceptin patent

/ By / Uncategorized

Following my post yesterday, the Patent Office has finally confirmed the status of the main Herceptin patent 205534 with the following email: “As per the E-Register, 15th Annuity was due on 03.05.2013 and same has not been paid so far, therefore it shows ceased as of 03.05.2013.However Section 53 of the Patents Act reads with Rule 80 allows the Patentee to pay the same within the extended period not more than six months, if the request for such extension of

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The Sholay litigation saga

/ By / Copyright

In recent years, ‘Sholay’ has come to be known not just for its value as a commercial movie but also for the litigation saga involving it. (For more details regarding the same, see our posts on the Vodafone dispute here and here, the dispute with Universal, the suit against Greenpeace, the controversy surrounding Ram Gopal Varma’s sequel and against the production of Sholay in 3D)   The latest additions to this are two orders passed by the Delhi High Court in the

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SpicyIP Tidbit: Has Genentech’s main Herceptin patent lapsed?

/ By / Uncategorized

During the course of the last ten days, while researching on the story related to Herceptin’s divisional patents, we came across this interesting factoid on the main Herceptin patent: 205534. As per the e-register on the patent office website, accessible over here, you will note that this patent has ceased as of May 3, 2013.  From the patent register, it appears that Genentech has not paid the annual renewal fees before the statutory deadline. The last payment recorded in the

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