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THE DEVELOPMENT AGENDA AT WIPO


Most of you may be familiar with the efforts of developing countries to introduce a “Development Agenda” at WIPO. For those that came in late (phantom style), here’s the gist from the CPTech website: “On October 4, 2004, the General Assembly of the World Intellectual Property Organization agreed to adopt a proposal offered by Argentina and Brazil, the “Proposal for the Establishment of a Development Agenda for WIPO” (sometimes referred to as “Item 12” because of its placement listing on…


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INDIAN PATENT ACT FACES TRIPS CHALLENGE


In a rather predictable move, Novartis has challenged the contentious Section 3(d) introduced via the 2005 Amendments to India’s Patent Act. This unique section that finds no parallel anywhere else in the world provides in pertinent part that ‘the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance’ is not patentable. It then states (via an explanation to the section) that salts, esters, esthers, polymorphs,…


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From Pashm to Pashmina – The GI way


‘Kashmir Pashmina’ has been designated a Geographical indication pursuant to an application by the Craft Development Institute, established by the Office of Development Commissioner – Handicraft, Ministry of Textiles, Government of India, and the Department of I&C (Directorate of Handicrafts), Government of Jammu & Kashmir. The application filed for ‘Kashmir Pashmina’ was heard in May 2006 at the Intellectual Property Office, Delhi by a committee of experts from diverse sectors of industries, including the Controller General of Patents, Designs and…


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Zippo shape mark protected by Indian court


Zippo Manufacturing Company, the world-famous manufacturer of windproof lighters that shot to popularity in World War II and have been iconised in Hollywood ever since, was awarded a shape mark registration in India for the unique shape of their lighters. This registration, under No. 714368 in Class 34 comes close on the heels of an earlier USPTO registration for the same shape granted in 2002, which is yet to test the waters in a court of law. Within about seven…


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A ‘WIKI’ APPROACH FOR PATENT EXAMINATION


A “wiki” kind of approach is being borrowed for other spheres, including patent examinations. A simple idea, yet a brilliant one (as most inventions in patent law are). The August 21, 2006 issue of fortune reports: The problem: an epidemic of shoddy patents.The solution: Wikipedia?That’s the basic concept behind a pilot program sponsored by IBM(Charts) and other companies, which the U.S. Patent and TrademarkOffice appears poised to green-light. The project would apply anadvisory version of the wiki approach to the…


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Goa seeks GI for fenny


The Hindu Reports: In its bid to try for a patent for Goan Cashew Fenni, a unique local brew, the State Government has set up study committees under the nodal agency — Patent Facilitation Centre — to unearth historical information on fenni to establish its Geographical Indicators (GI).Joint Secretary and Director of Department of Science, Technology and Environment (STE) N.P.S. Varde, who heads the nodal agency, told The Hindu that the process of getting the patent is elaborate. Nevertheless, the…


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Collaborative Model of Innovation


It is interesting to see a rep from the worlds biggest patent filer (IBM) speak of open standards and a collaborative model of innovation. This FE piece states: “Given the complexity of our most pressing societal problems and the diversity of skills and resources required to solve them, innovation will increasingly require collaboration on a broader scale then ever before. Since innovation transcends the invention of new technologies— it is the application of these technologies to some useful purpose —it…


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ROCHE GETS FIRST PHARMA PRODUCT PATENT IN INDIA


The Financial Times reports: The Controller General of Patents last week granted the first product patent in pharmaceuticals to Roche India Pvt Ltd, the Indian arm of Swiss drugmaker F Hoffmann La Roche, for its biotech drug Pegasys (Peinterferon apha-2a), official sources told FE. ….The company had applied for the patent under the Mailbox facility for post-1995 inventions. Pegasys, a recombinant DNA technology drug, is one of the advanced drugs in the Interferon series of proteins, which has varied end…


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FIRST MAILBOX OPPOSITION (GLEEVEC) DECIDED IN INDIA


The controversial Gleevec mailbox application has been decided, and not too surprisingly the decision went against Novartis. For those unfamiliar with the concept of a mailbox application, here is a short explanation from one of my articles: “India amended her patent regime in 1999 to provide that applications claiming pharmaceutical inventions would be accepted and put away in a mailbox, to be examined in 2005–these applications are commonly referred to as ‘mailbox applications’. This amendment was in pursuance of a…


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RANBAXY LOSES LIPITOR IN FINLAND


After the US and the UK, Ranbaxy suffers another patent defeat over multibillion dollar drug Lipitor in Finland. Like the US and the UK, it will appeal here as well. Thus far, its only victory has been in Austria. The Financial Express states: In another setback to India’s biggest drugmaker Ranbaxy Laboratories Ltd, a court in Finland has prohibited it from marketing its generic version of Pfizer’s cholesterol lowering drug Lipitor in the country.The Helsinki court of appeal in Finland…


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