SpicyIP

Brainstorming the Copyright Amendments

November 19, 2012 / By Shamnad Basheer / Others

As the dates for the 2 day conference on the copyright amendments draw closer, here is reminder inviting all of our readers to this intense brainstorming session on the amendments, the various interpretative issues and their likely impact. Sai’s earlier post on this outlined the various themes etc, and here is a brief recap. ‘The Copyright Amendments, 2012: A fair Balance?’ will be jointly hosted by the MHRD IP Chairs at the National University of Juridical Sciences (NUJS) and […]

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IPAB on Payyannur Ring

November 18, 2012 / By Mathews P. George / Geographical Indication

[*Slightly long post] Background: The Intellectual Property Appellate Board (“IPAB”), in its recent order in SubhashJewellery v. Payyannur Pavithra Ring Artisans (“Order”), decided on an appeal made against the order passed by the Registry on 14.07.2009 in opposition proceedings No. GIR/TOP 2/347/09 granting Geographical Indication registration of Payyannur ring to 1st respondent/ applicant, Payyannur Pavithra Ring Artisans & Development Society. The appellant had earlier filed writ petition in the Madras High Court for quashing the order of Registry and restraining

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Sugen-Cipla litigation lands before the Supreme Court – Headed for controversy?

November 15, 2012 / By Prashant Reddy / Uncategorized

Image from here As per reports in the ET and IE, the Supreme Court, acting on a petition by Cipla, has stayed the orders of the Delhi High Court which had stayed the Patent Office’s decision to revoke Sugen’s patent for Sunitinib. As readers may remember, a Single Judge of the Delhi High Court had earlier temporarily restrained Cipla from releasing its generic version of Sunitinib, the decision of the Patent Office to revoke Sugen’s patent since Sugen had claimed that

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October 2012: Controller’s decisions at the IPO

November 14, 2012 / By Rajiv Kr. Choudhry / Uncategorized

In the month of October, 2012 the Controller’s offices issued 97 decisions. Out of these 97, 52 decisions were granted (including deferred, time allowed), 38 refused (including abandoned and withdrawn) and no file uploaded for the remainder (7).Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 1526/MUMNP/2006, makes for an extremely interesting read! Others for section 3(d), 3(e) and 3(k) are also interesting. APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 1523/MUM/2008 HINDUSTAN ORGANIC CHEMICALS

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Estimating the number of Hepatitis patients treated by Roche’s Pegasus

November 13, 2012 / By Prashant Reddy / Uncategorized

As Shamnad had earlier blogged, Roche’s patent on Pegasus now stands revoked by the IPAB. As discussed by Shamnad, the Pegasus patent is interesting for a multitude of reasons: it was the first pharmaceutical product granted to Big Pharma in India, it was the first biological to get patent protection and most importantly, there is no generic manufacturer of Pegasus. What I find more interesting is estimate of the patient population infected with Hepatitis C virus. As per media reports

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Spicy IP Weekly Review (November Week 2)

November 13, 2012 / By Shouvik Kumar Guha / Uncategorized

Image from here This week had started with a report on how the Tamil Nadu Handicrafts Development has sought to get the famous Pattamadai mats (Pattamadai pai from Tirunelveli district) and Nachiarkoil brass lamps (traditional lamps from Nachiarkoil in the Kumabakonam taluk in Thanjavur district) registered under the provisions of the Geographical Indications of Goods (Registration & Protection) Act, 1999. This was followed by Rajiv reporting on a notification issued by the DIPP on September 25, 2012 prescribing the rules

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SpicyIP Announcement: Copyright Amendments, 2012: A Fair Balance?

SpicyIP is delighted to announce a two-day Conference on ‘The Copyright Amendments, 2012: A fair Balance?’ jointly hosted by the MHRD IP Chairs at the National University of Juridical Sciences (NUJS) and the Cochin University of Science and Technology (CUSAT). The conference is supported by the NUJS law review and the Intellectual Property & Technology Law Society (IPTLS). The conference will held in Kolkata on November 27 and 28, 2012. The Indian Copyright Act, 1957 has been amended six times

Guest Post: Grievance Officer in the IT Rules – An Invisible Man?

November 12, 2012 / By Amlan Mohanty / Others

We are pleased to bring to our readers this guest post from Sooraj Abraham, on a recent decision of the Allahabad High Court on the appointment of a grievance officer under R.3(11) of the Intermediary Guidelines. I had written about the movement to annul these Guidelines last week, and the surprising support of the Indian Music Industry for its continuance. This post explains the issues relating to the appointment of a ‘Grievance Officer’. Looks like just another reason

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SpicyIP Tidbit: Probing further, Sugen’s title to the Sunitinib patent

November 12, 2012 / By Prashant Reddy / Patent

Pursuant to my last post on Sugen’s title to the recently revoked Sunitinib patent, I received a comment telling me to ‘stop dragging this topic’ after I repeatedly questioned the logic of filing a blank Form 1 with the patent office. A puzzling comment since I was having a rather tame discussion with some of the other readers. Usually these kinds of comments are an indication that I’ve missed the main story. So, I went back and checked the file

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