Uncategorized

The Competition Act, Patents and Over Hyped Drugs – Part I


Shamnad drew my attention to a recent news report in the Business Standard, “Law not Equipped to Handle Pharma Monopoly: Experts” The report states: “With anti-competitive practices of global pharma companies increasingly coming under regulatory scrutiny internationally, Indian public interest groups and the domestic medicine makers complain that India’s competitive laws are not equipped to face a similar situation of monopoly in the sales of patent protected medicines in the country.” The report provides two view points: (1) Leena Menghaney,…


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India raises Voice of Dissent against NAMA deal at Doha.


India is making its presence felt at the NAMA negotiations at Doha. India has cautioned the World Trade Organization that any attempt to push for a deal in the ongoing Doha round of trade talks by holding a ministerial meeting that only addresses selective interests could prove counter productive. Flexing muscle,’ India has categorically stated that any dialogue to push for a deal in the agriculture and industrial goods without addressing issues related to the services segment would tantamount to…


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SpicyIP Jobs


Position for a Patent Manager at Fortune 500 Company A Fortune 500 Company is looking for a Patent Manager. Its an interesting role which involves close interaction with the technical teams to train and educate them regarding patent laws, harvesting of patents from the team and coordination with external counsel in multi-jurisdictions to secure appropriate patent protection for technological innovations. The role requires a dynamic, business oriented professional with the right technical and legal background to undertake the role. Interested…


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Copyright

Be a Sport..


Copyright related controversy has dogged the Super Bowl for the last two years as the NFL has tried to strictly enforce a ban on public exhibitions of its games on TV sets or screens larger than 55 inches because smaller sets limit the audience size. However the section of federal copyright law giving the NFL protection over the content of its programming makes an exemption for sports bars. This has created a furor amongst American churches which had created a…


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Patent

U.K High Court rules on patents for computer programs


Our readers may remember an earlier SpicyIP post on patents for computer programs being dis-allowed in the United Kingdom by the Court of Appeals in the Aerotel/Macrossan case. Well thats not the law of U.K. anymore. The High Court recently ruled that the practice of the UK Patent Office in flatly rejecting patent claims to computer products is wrong and remitted the applications to the Patent Offices. Software patents are quite a nuanced area of patent law (which in itself…


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Copyright

Period for copyright protection expires: Get ready for Bollywood all over again!


Thinking of remaking a timeless Hindi classic? The time is now! Most movies made as early as the 1930s and 1940s have lost the protection that their copyright provided them and have now entered public domain. However with increasing greater revenue accruing from movie screening, bigwigs in the Bollywood industry (like Yash Copra) have already approached the HRD Ministry to extend this period to around 95 years following the example of the ‘Mickey Mouse Act’ and the protection offered to…


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Uncategorized

Rapidshare held responsible for copyright violations in Germany


While the battles in file sharing rage across the world it’s nice to see that in Germany there still seems to be some dichotomy of opinion. RapidShare responsible for copyright violations of users, court saysContributed by Wolfgang GruenerThursday, January 31, 2008 10:42.Duesseldorf (Germany) German content licensing authority GEMA says it has achieved and importantvictory” against RapidShare, which allows users to save and share files. A district ruled in favor of GEMA and confirmed that RapidShare has to take responsibility for…


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Uncategorized

Pirates in troubled waters


With this article reported in the Guardian we see the fight against file sharing spreads to more countries. We all watched with growing apprehension for our music collections as Napster, Grokster, Kazaa and Morpheus got shut down in the USA. Australia followed with a 140 page judgement on why Kazaa was better gone and now Sweden has joined the fray.Sweden has charged “Pirate Bay” with being an “accessory” to infringement. The owners of Pirate Bay have sought refuge under the…


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Patent

Strengthening Glivec Patent in Thailand: Novartis learning from its mistakes?


In a new twist to the Glivec Patent episode, Thailand has refused to override the Glivec Patent after Swiss giant Novartis has agreed to supply free dosages of the drug through its Glivec International Patient Assistance Programme (GIPAP). Sufficient to cover at least 900 ailing patients- this move by Novartis has saved them the litigation they are entangled in currently in India. While there is no denying that this will help several cancer patients without sufficient funds to avail the…


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Uncategorized

IPR and Traditional Knowledge: Irreconcilable differences?


In conjunction with the post that’s just been put up relating to the XLRI and NIF MoU I wanted to add a little note on the extension of the IPR system to traditional knowledge. The advantage of extending the existing IPR system to protect traditional knowledge is that it will generate incentives amongst indigenous peoples to conserve and protect their culture and environment. This assumption is drawn from the experience of the Aboriginal and Torres Strait Islander artists in Australia…


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