Spicy IP Weekly Review: December Week 4

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Image from here   This week has understandably been a little slow in terms of the posts, given most of the team are busy just like the readers to celebrate the end of yet another eventful year. Prashant started it off with the announcement of a taxation law conference jointly hosted by NLSIU, Bangalore and Tax India Online, due to be held on January 6, 2013 at Bangalore, which will be focusing on the developments since the proposed introduction of […]

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Patent Office grants Polymorph Patent after rejecting S.3(d) Objection

/ By / Patent

Image from here In a rather interesting turn of events, the Indian Patent Office has recently granted patent for the polymorph of a known compound, notwithstanding objections u/s. 3(d) of the Patents Act, 1970. Following are the details of the judgment: Application Number: 106/DELNP/2008 Applicant’s Name: M/S ALFA WASSERMANN S.P.A., Italy. Date of Decision: December 26, 2012. Controller’s Name: Hardev Karar, Deputy Controller of Patents and Designs, Patent Office, New Delhi. Facts: The application was filed for “POLYMORPHIC FORMS OF

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Guest Post: Pharma patent developments in 2012 – A review

/ By / Patent

As 2012 draws to a close, Madhulika Vishwanathan brings us a concise review of the year that was, for the Indian pharmaceutical landscape. Madhulika is a qualified patent agent, with a Masters in Pharmacology from UDCT, Mumbai. She has previously worked in the patent cell of a Mumbai based biotech company. This is Madhulika’s second post in our SpicyIP Fellowship application series. Her previous post is available here.  Year 2012 in retrospection: Cases which changed the Indian pharmaceutical patent landscape As

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The IPO’s draft guidelines for biotechnology patents – A cause for worry?

/ By / Patent

Image from here Close on the heels of finalizing the guidelines for examination of patent applications related to traditional knowledge (TK) and biological materials, the Controller General of Patents has recently published guidelines for the examination of ‘biotechnology patents’. The guidelines can be accessed over here and the public notice can be accessed over here. Comments on the same are due by the 11thof January, 2013. I invite our readers to send in guest posts on the issue, to be

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Off-topic: Lowering the Bar at the Delhi High Court

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Image from here Usually, I try to keep away ‘off-topic’ issues on the blog but some of the recent events at the Delhi High Court, involving the boycott of Justice Valmiki Mehta are simply too shocking to ignore and I felt compelled to discuss the issue on the blog. Apparently, upset with the way in which Justice Valmiki Mehta was running his court room, the Delhi High Court Bar Association (DHCBA) resolved through its executive committee that “members of the

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SpicyIP Events: The First NLS-TIOL Taxation Law Conference

/ By / Event

  The Moot Court Society of National Law School of India University, Bangalore, in association with Tax India Online, is organising the 1stNLS-TIOL Taxation Law Conference on 6th January, 2013 along with the NLS TIOL Moot Court Competition. The Conference seeks to trace out the developments since the proposed introduction of General Anti-Avoidance Rule in the Finance Act, 2012. While the Shome Committee has made certain recommendations that provide clarity with respect to the application of GAAR, some recommendations are

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Spicy IP Weekly Review: December Weeks 2 and 3

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For the readers of Spicy IP, we bring yet another sum-up of IP news and events in the past few days to mark the festive season. It started with Rajiv coming up with the list of the 102 decisions that the Controller’s Office has come up with in November, 2012.   Image from here This was followed by a guest post from Snigdha Roy, a 3rd Year student from GNLU, as the first installment in the Spicy IP Fellowship post-series.

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Filing rectification application under the GI Act, 1999

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[*Long Post] As you are aware of, rectification application can be filed under Section 27 of Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”). I intend to examine whether the aforesaid provision allows filing of rectification application on the ground of public interest. I shall argue in affirmative relying on the Supreme Court judgment in Hardie Trading Ltd. and Anr. v. Addisons Paint and Chemicals Ltd. (“Hardie Trading Ltd”) and IPAB order in Payyannur ring [covered here]. Prashant

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National Pharmaceutical Policy 2012

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In an earlier post (here) we had blogged about the National Pharmaceutical Policy 2011 and its essential features.  The last post left off at AIDAN’s (All India Drug Action Network) PIL (Public Interest Litigation) and the Supreme Court’s (SC) observations that the government should ensure that the prices of essential drugs reduce rather than escalate.  During the hearing of this PIL the SC recently directed the Government to expedite the notification of the policy. It was notified on 7 December

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Royalty Payment by Subsidiaries: Bane of Minority Investors?

/ By / Trademark

(Image taken from here)Payment of royalty has been one of the time-honoured ways of incentivizing knowledge and technology transfer and usage of brand name or trademark for business affairs. Few years back in 2009, the Indian government had waived the requirement of payment of such royalty by Indian companies to multinational corporations to be subjected to prior government approval (by the Project Approval Board in the Department of Industrial Policy and Promotion). Instead, such payments up to any amount had

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