Patent

TRAINING PATENT EXAMINERS


For those of you interested in spending a good Sunday pondering what the training program of a typical US examiner looks like, here’s a wonderful blog that is interestingly titled “Patently Academic: The Saga of a Patent Examiner in the Patent Training Academy”. For a delicious sampler, see below: “Anyway, back to search strategies. I’m pretty impressed by the wide array of search tools available to examiners now, and somewhat amazed about how difficult things must’ve been even a few…


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Patent

ALLEGATIONS OF BIAS IN THE NOVARTIS PATENT LITIGATION


Whilst most of us await the Madras High Court judgment on the constitutionality of section 3(d) of the Indian Patents Act, here’s an update on what’s going on at the IPAB (Intellectual Property Appellate Board), the specialized IP tribunal in India. As mentioned in an earlier post, the Novartis litigation was split up—the patentability issue was referred to the IPAB and the constitutionality issue was to continue with the Chennai High Court. Before the IPAB could even begin to wade…


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Trademark

Protecting Wal-Mart’s Trademark in India


India’s first Wal-Mart store isn’t slated to open until next August. Yet the battle lines for protecting intellectual capital are already being drawn. The Delhi High court has injuncted a Delhi based Indian firm from using Wal-Mart as either their trademark or trade name on the ground that the same infringes the trademark of Wal-Mart. The Delhi based Indian firm used Wal-Mart as their trademark in the Indian market. Aggrieved by this, Wal-Mart filed an injunction petition before the Delhi…


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Patenting Slokas:Offbeat Chants!


The Yoga- Patent imbroglio effectively fueled by media hyperbole and rhetoric continues unabated albeit with a small detour. After doing the wrong stretch on yoga, this time around it’s a wrong chant of the Slokas The debate has progressed (or should I say regressed) to patenting of Slokas.Slokas are traditional Sanskrit Verses that are found in ancient Vedic texts. As such the term ‘sloka’ could be used to broadly mean and include verses from ayurvedic texts; verses that are chanted…


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Uncategorized

谷歌贏爭端 – I meant "Google wins dispute"


What does Chen Zhaoyang have in common with gmail? Forget it, don’t rack your brains as the answer is “nothing”. He is a cybersquatter who registered the domain name gmail.co.in in 2005. Google filed a complaint with the National Internet Exchange of India under the INDRP (.in Dispute Resolution Policy) seeking a transfer of the domain name in their favour. Today’s Hindu Business Line reports that the sole arbitrator Mr. A K Singh who was appointed by NIXI has passed…


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Patent

RANBAXY TAKES ON PFIZER AGAIN IN CADUET CONTROVERSY


Down to Earth has an interesting story on the Caduet patent dispute, yet another big ticket litigation between Ranbaxy and Pfizer. Rohan George states: “Indian drug manufacturer Ranbaxy is contesting US multinational Pfizer in 17 countries. It is filing for the right to manufacture generic versions of the world’s bestselling drug Lipitor and a combination drug Caduet, in the us. At the crux of the dispute is Pfizer’s designs on a patent extension by combining Lipitor with another drug: Norvasc….


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Data Exclusivity Patent

INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY


After multiple deliberations spanning more than 3 years, a government committee has finally submitted its report on regulatory data protection and Article 39.3 of TRIPS. It finds that Article 39.3 does not require “data exclusivity” and that, at the present moment, it may not be in India’s national interest to grant “data exclusivity” to pharmaceutical drug data. It relies heavily on the Doha Declaration to support this interpretation. It argues that a “trade secrecy” form of protection is sufficient to…


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Uncategorized

In the teeth of the issue


The Delhi High court has injuncted Ajanta India Ltd. from using a red and white packaging for its toothpowder cans on the ground that the same infringes the trademarks and copyrights of Colgate-Palmolive and directed the former to file an affidavit of compliance. Ajanta was initially marketing its toothpowder in a red can. Recently, they switched over to a can which allegedly echoed the trade dress of the Colgate Toothpowder packaging in red and white colour combination. Colgate immediately brought…


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Spy.vs.Spy— Dynamics of Trade Secret Protection


The ongoing case of Purolite vs. Thermax is yet another addition to the long litany of cases pertaining to the area of Trade Secret Protection. This one comes with an interesting cross-border aspect. Purolite, a world leader in the water treatment business has slapped a Corporate Espionage suit on the Indian held company Thermax. Both Companies engaged in similar areas of core competencies, it is alleged that Thermax instigated employees of Purolite to steal Intellectual Property that constitute vital Trade…


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