Data Exclusivity

Traditional Medicine not to get 5 year data protection.


The Government may not grant 5 year data protection to traditional medicines. The whole article can be found here. The change has been triggered by the Department of Ayurveda, Yoga,Unani, Siddha and Homoeopathy (AYUSH) taking the view that such a protection will lead to similar demands from the allopathic segment.It was the Department of AYUSH which had suggested such data protection in the first instance. An inter-ministerial committee has also been constituted which has come to the conclusion that such…


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Trademark

SpicyIP Tidbit: ‘Sugar free’ hassles


Cadila HealthCare has filed a suit against Dabur India for the use of its trademark “Sugar Free” in the marketing of Dabur’s Sugar Free Chyawanprakash and has sought damages to the tune of Rs. 25 lakh. Justice Ahmed at Delhi, has issued a notice to Dabur on Cadila’s suit to restrain the former from using the ‘Sugar Free’ trademark or any other mark that could seek to deceive or confuse the public as under Section 9 (2) (a) of the…


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SpicyIP Tidbit: Roche opposed yet again.


Just when we thought it couldn’t get any better, the patent scene in India seems to be heating up, yet again. Roche’s anti-infection drug for HIV/ AIDS and organ transplant patients, Valcyte faces yet another opposition after its tumultuous past in the USPTO. After going past the pre-grant stage without hearing an opposition by two NGOs (Indian Network for People Living with HIV/AIDS and the Tamil Nadu Networking People with HIV/AIDS), Ranbaxy has now filed a post-grant opposition, claiming that…


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Guest Post: Bajaj vs TVS Patent Dispute


SpicyIP has been reporting on the Bajaj-TVS feud. See here for previous posts. We now have a guest post from Sai Deepak, a very enterprising student from the Rajiv Gandhi School of IP Law, IIT Kharagpur: SPARKS FLY AS TITANS CROSS PLUGS “This post will attempt a more detailed look at the issues involved. There are two issues here: i) Whether TVS infringes Bajaj’s patent?ii) Whether Bajaj’s patent is valid in the first place? As regards the first issue, one…


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Larry Lessig on Anti-Corruption: Lessons For India


Some of you may already know that the cyberlaw guru Larry Lessig (of the creative commons fame) decided his shift his focus from cyberlaw/copyright to anti-corruption. I suspect this decision came as a result of the Supreme Court decision that copyright extension for Mickey Mouse was perfectly constitutional–despite Larry’s all out war against the extension and his powerful arguments in court that this was unconstitutional and bad policy. I am not entirely sure if the “constitutionality” question is an easy…


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Is the Indian drug industry scared of the NPPA?


For all you bleeding hearts out there pining away about pharma companies over-charging on all their drugs here’s some good news. The National Pharmaceutical Pricing Authority (NPPA) has become rather active over the last few months – so much so that the drug industry was seriously contemplating moving the judiciary to seek a reprieve. UPDATE: They actually did move the Delhi High Court for some relief and the Court actually asked the Ministry of Chemicals and Fertilizers to look into…


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Tarceva: Following the Glivec path.


Following closely in the footsteps of the Novartis ‘Glivec’ battle, the validity of Section 3 (d) and the grant of compulsory licences seem the talk of town this time around in the Pharmaceutical industry. Our readers will remember the recent post on the Roche-Cipla Row. Generating interest and raising several eyebrows, CIPLA’s latest move to ask the Court to revoke the 2007 patent granted to Roche’s TARCEVA, again hinges a great deal on the pricing of the drug as well…


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Chikan to be only from UP.


There’s good news for the 100,000 artisans in UP working on chikan embroidery as the same will soon be eligible for protection as a GI. The application with the GI Registry at Chennai has been filed. This is also good news for those trying to promote Indian handicrafts abroad as 56% of the exports of the country come from UP. A figure which will probably rise with the protection being given to chikan work. The whole article may be found…


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Copyright

Music concerts in anti-piracy mode


Readers might recall this post on bootlegs of Indian music concerts. Although I spoke only of audio recordings in the post, there is no ignoring the fact that video bootlegs are gradually getting popular as well. For example, I suspect there might have been several mobile phones being waved in the air in the recent Iron Maiden gigs… The same thing is catching on in Indian classical music (ICM) as well, although not with the same fervour, probably because of…


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Trademark

Spicy News: UK Trademark Office Invalidates "MASALA"


Ilanah Simon, who teaches at UCL, London and is one of the bloggers at the internationally renowned IPKat blog brings us this extremely spicy news: ” The word mark MASALA was invalidated by Mr Hearing Officer Foley. He found that the sign, a constituent verbal component of various Indian spice mixtures, was both descriptive and customary in the trade for“cooked vegetables” in the Class 29 specification, “preparations made from cereals” in the Class 30 specification, and “foodstuffs comprising or made…


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