Breaking Hot News: Madras High Court strikes down amendment to S.126 of Patents Act.

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The Madras High Court in it’s decision today has struck down the requirements for agents filing patent applications before the patent office.  Hat Tip: Our regular reader, SP Chocaklingam, and the petitioner in the case.  The case was filed in the year 2006 and a decision came out today.  The crux of the judgment / order is that all Advocates as a matter of right can file patent applications for their clients, and they do not have to register themselves […]

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DU Photocopy Case: Academicians and Authors express Solidarity with Students, requests Publishers to withdraw Suit

/ By / Copyright

Image from here The readers must by now be familiarized with the aspects of the Delhi University copyright controversy, with the frequency of its making one headline after another in the recent times. For those who aren’t, we refer to our posts here. In a rather interesting turn of events, a letter has been sent a few days back by a group of as many as 309 writers and academicians from all over the world to the publishing houses (Oxford

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Bombay HC: Publication of Examination Report on website is not Communication

/ By / Trademark

The Bombay High Court recently held that mere publication of examination report /letter on the website (of Registry of Trademarks) shall not constitute as communication to the applicant for trademark registration. The writ petitions were filed by the Institute of Cost Accountants of India (ICAI). The instant petition was disposed of on 1st March, 2013, while the other was disposed of in August 2012.  Quick Facts:  In this particular case, the respondent (Registrar of Trademarks) merely published a letter on

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Breaking "Hot" News: A "Star" Win for Unfair Competition

/ By / Copyright

In a significant IP milestone, the Delhi High Court recognised a separate tort of unfair competition (and unjust enrichment) and prevented Idea Cellular and other leading service providers from “misappropriating” real time cricket scores by sending out regular SMS updates. In upholding the claim of Star TV, which had acquired exclusive transmission rights from BCCI, the court relied significantly on the “hot news doctrine” evolved in the famous INS case, wherein the US Supreme Court had held: “The defendant’s acts

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The role played by Microsoft in getting California to sue Indian textile manufacturers for unfair competition: Is it losing faith in the Delhi High Court?

/ By / Copyright

Carrying on from my earlier post on California’s outrageous attempt to sue an Indian textile manufacturer for allegedly using pirated software back in India, I have finally found a copy of the complaint filed by the California’s Attorney General in Los Angeles. The complaint can be accessed over here and I think it should receive an award for being the most vague piece of legal drafting and I’ll explain why.  Image from here The root of this litigation, as mentioned

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An outrageous Californian attempt at extra-territorial enforcement of American IP laws

/ By / Copyright

Image from here As reported by several news outlets over the last couple of months, the State of California has filed lawsuits against an Indian and a Chinese textile firm for allegedly using pirated software in their home countries to manufacture textiles which are then exported to the U.S. and in particular California. For some reason we appear to have missed these reports until we read this op-ed. From these reports it appears that the State of California is going to

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Standing Committee Report on ‘The Universities Research and Innovation Bill, 2012′ – II

/ By / Innovation

(Continued…) Apprehension about easy entry of foreign Universities in India The Committee was of the view that in view of the Foreign Educational Institutions (Regulation of Entry and Operations) Bill, 2010 envisaging regulation of entry and operations of foreign universities in the country, it is improper to provide an alternative and comparatively easier route to foreign universities through the proposed legislation without any proper checks and balances. According to the Committee, “it does not seem to be a wise move

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Standing Committee Report on ‘The Universities Research and Innovation Bill, 2012′ – I

/ By / Innovation

The recently released 248th Report of Parliamentary Standing Committee on Human Resource Development (“Committee”) was highly critical of the Universities Research and Innovation Bill, 2012 (“Bill”) including its fundamental presumptions and framework. I shall introduce the aforesaid Report in these posts. The Universities Research and Innovation Bill, 2012 Despite having one of the largest higher education systems in the world with 600 Universities and 33000 colleges-publicly and privately funded, only a few Indian institutions of learning figure in the list

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Spicy IP Weekly Review: March 2nd Week

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Image from here The second weekly review of March, 2013 starts with a post by Mathews P. George, where he introduced an article by Mr. Sriram Balasubrahmaniam from The Hindu, titled ‘First set up the labs, then dream the Nobel’. The author had criticized India’s unfavourable ecosystem for nurturing and retaining talent in science and technology and Mathews linked it up with his own views on the ‘Science, Technology and Innovation Policy, 2013’, where he’d noted the Policy’s lack of

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Latest update from Campaign for affordable trastuzumab

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Earlier in Nov 2012, Campaign for Affordable Trastuzumab (an association of breast cancer survivors, NGO’s and health activists) had addressed a letter to the Prime Minister demanding that appropriate measures be taken to ensure that Trastuzumab is made accessible and affordable to the general public. Prashant had blogged about it over here. Shortly thereafter Trastuzumab was recommended for CL by the health ministry and the DIPP is still deliberating the issue of CL.  As reported by Nivedita Menon of Kafila,

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