SpicyIP Weekly Review: January (2013) Week 1

/ By / Others

This new year Barry Sookman announced the most popular intellectual property and technology blogs. It gives us great pleasure to inform you that SpicyIP was ranked 8th best blog in the world. Dennis Crouch’s Patenly-O was rated the best and Micheal Geist’s blog was the best tech blog at 4th place. We thank our readers for their support! Incentives through Recognition? Nobel Assembly Sued for Libel and Unfair Competition (Swaraj Paul Barooah) Image from here Dr. Rongxiang Xu instituted a suit […]

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Incentives through Recognition? Nobel Assembly sued for libel and unfair competition

/ By / Innovation, Patent

Image from here Incentives have generally proven troublesome in the context of the intellectual property regime. Right from questioning whether the correct amount of incentives are being given in terms of 20 year exclusionary periods (See for eg, 8th and 9th para of my previous post on Patents and Innovation here), to more fundamental questions of how much, if at all, external incentives are required in the first place. (See for eg, Eric Johnson’s paper on IP and the Incentive

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Guest Post: Plain Packaging Laws for Tobacco Products

/ By / Trademark

L. Gopika Murthy submits her second piece for the SpicyIP Fellowship with a guest post on Plain Packaging Laws. The submission discusses the purpose of plain packaging laws as well as the effect of these laws on the intellectual property rights of the tobacco companies. Gopika is a 2nd year student at NLSIU, Bangalore and her first submission can be viewed here.  PLAIN PACKAGING LAWS Recently, a Private Members Bill seeking amendment to the present Cigarettes and Other Tobacco Products Act

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Guest Post: Colours as Non-conventional Trademarks

/ By / Trademark

Rupkatha Basu, a 4th year student at KIIT School of Law, Bhubaneswar, brings us a guest post on a topic that we seem to have not managed to discuss enough on the blog – that of non-conventional  trademarks. Using Cadbury’s famous purple branding as an example, Rupkatha looks into whether colours can be given protection as trademarks in India. This is Rupkatha’s first submission piece for the SpicyIP Fellowship. For those interested in more on the topic, we’ve earlier noted

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FICCI announces online certificate course on Competition law and IPR

/ By / Others

  Federation of Indian Chambers of Commerce and Industry (FICCI) has started an Online Certificate Course on Competition Law & Intellectual Property Rights (IPComp).  The objective of the Course is to make students and professionals learn about complex international legal environment in which multinational corporations and businesses operate. Through several case studies, the course introduces some practical legal concepts, pitfalls and compliance  issues that are needed by today’s businesses to comply with Competition Law, IPRs and their legal linkage. This advance

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Guest Post: The Unfair Competition Act, 2011 and its Implications on Indian Manufacturers

/ By / Competition Law

In yet another interesting submission to our SpicyIP Fellowship applicant series, L. Gopika Murthy, a 2nd year student at NLSIU, Bangalore sends us this well written post on a new IT specific competition legislation being implemented in USA and the implications it may have on Indian software manufacturers.  The Unfair Competition Act, 2011 and its Implications on Indian Manufacturers The Unfair Competition Act, 2011[1]is a statue that aims to deter unfair competition by penalizing manufacturers who use stolen Information Technology

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Spicy IP Weekly Review: December Week 4

/ By / Uncategorized

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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