Mylan’s review petition before the Indian Patent office dismissed

Recently, a review petition filed by Mylan Laboratories in relation to a patent granted to Yeda Research Development was dismissed by the Indian Patent Office. The Controller held: 1. Mylan has no locus standi, 2. The petition was delayed by 10 year and 3. The matter was sub judice before the Delhi HC. The main contention related to whether the IPO wrongly applied the 2002 amendment instead of the 1970 provisions to Yeda’s patent application thereby erroneously granting it a […]

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India: To be declared as the worst IPR offender by the US?

India’s IP practices have hardly been agreeable to the US. Despite the differences, there exists a flourishing pharmaceuticals trade between the two countries. However, reports indicate that the relationship has nosedived this time round. Presently, the US Trade Representative (USTR) is reviewing our IP regime, which is scheduled to be released in the following week (USTR Special 301 report). An unfavourable review will lead to downgrading India’s status to ‘Priority Foreign Country’, which may prompt the US to impose sanctions on Indo-US

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SPICY IP TIDBIT: Row over ‘ISEED’ mark

According to Business Standard report, a Gurgaon court issued an interim order restraining a management institute from using its name and acronym ‘ISEED’ noting that it is deceptively similar to the name of another business school, ‘iSEED’. The petitioner, while contending prior use, drew attention to the pending application for the registration of the trademark ‘iSEED’. As it is an interim order, the Court wouldn’t have dealt with the merits of the case. In this context, I would like to

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IGIR-IEEM Macao ‘Intellectual Property Knowledge Management’ Event (12th-21st May, 2014)

The Institute of European Studies of Macao (IEEM) and Professor Anselm Kamperman Sanders (Maastricht University, The Netherlands) have announced the 2014 edition of their annual event on Intellectual Property Law and Knowledge Management. The programme will be held in Hong Kong and Macau. This year’s programme comprises three activities: The Intellectual Property Law School (Monday 12 to Friday 16 May 2014, Macau Cultural Center)– Starting from the basics of the Paris and Berne conventions, the course covers the development of Intellectual

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SpicyIP Weekly Review (14th to 20th April, 2014)

We started this week with Swaraj providing us an update on the suggestions for the upcoming SpicyIP report on 2013’s leading IP developments. This was a request for input regarding our list of 2013′s biggest IP developments that we plan to write a report on. He writes that “we have loosely defined ‘biggest’ as those with most jurisprudential value or those that have made a substantial impact on the Indian IP eco-system.” Find the suggestions that have made the cut

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Webinar on Patenting Computer Related Inventions in India

We’re happy to bring our readers news of a free webinar on Patenting Computer Related Inventions in India hosted by ipMetrix Consulting Group. Please see their invite below: Patentability Requirements for Computer Related Inventions We, (ipMetrix Consulting Group) invites you to join a live webinar on patenting computer related inventions in India. You may register for the event by visiting the Eventbrite event page. The webinar details are as follows: Date/Time: Friday, April 25, 2014 8:00 AM to 9:00 AM (PDT) 5.00 PM

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GoDaddy to be Sued as an Intermediary for Copyright and Trademark Infringement

LiveMint reports that GoDaddy, a global domain name registrar, is to be sued by the National Stock Exchange (NSE) and one of its group firms, DotEx International Ltd., for alleged copyright and trademark infringement. It appears that the suit is based on the allegation that Manshi Systems, a Hyderabad based technology firm that was providing access to the NSE’s databases and real time trading platforms called NOW by its own software. GoDaddy was the webhosting company that hosted Manshi Systems’

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Life of MTS Internet Baby Extended by Delhi HC

The latest viral advertisement which has caught everybody’s attention is that of the MTS ‘Internet Baby’. It features a baby which, as soon as it is born, uses the internet to post selfies and even googles ‘how to cut an umbilical cord’ and does it by itself. The tagline for the ad aptly reads, ‘Born for the Internet’. However, on March 24th, 2014, the Advertising Standards Council of India (ASCI) issued an order against MTS (also known as Sistema Shyam

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Delhi HC Orders the State to Foot the Bill for Rare Disease Treatment

In a remarkable moment for Indian jurisprudence, Manmohan J. of the Delhi High Court recently ordered the Govt. of NCT and the AIIMS (in Mohd. Ahmed v. Union of India) to provide a child suffering from Gaucher disease (a rare disease) Enzyme Replacement Treatment which costs about Rs. 6-7 lakh a month, free of cost. The court goes on to hold, in no mixed terms that the defence that the State’s funds were insufficient to meet such expenses would not

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Access free e-book on basics of Patent Search

The kind folks at Origiin IP Solutions recently released a FREE e-book on “Basics of Patent Search”. This is a great initiative to provide access to IP law through the open access model. The e-book highlights the need to perform a thorough patent search, the kinds of searches, and how a good search report can assist in: Assessing novelty of the invention; Minimising patent infringement risk; Formulating IP strategies; Enforcement/opposition of patent. It sets a broad framework for patent search, with additional inputs in the

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