Section 3(d) Scrutiny: Indian Patent Database will be Ready by March 2009


CH Unnikrishnan, a well known pharma/patent reporter with the Mint ran a very interesting story a couple of days back on the likely section 3(d) scrutiny at the patent office. He states: “India may have denied a patent to Swiss drug maker Novartis AG for its cancer drug Glivec because it considered this to be a mere modification of an existing molecule, but it has granted at least 10 patents in the past 12 months to foreign and local drug…


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Copyright Design Patent Trademark

BECOME CINDERELLA AT ONE DOLLAR?: GREY MARKET IMPORTS PLAY FAIRY GOD MOTHER


The Economic Times reported that French cosmetics and toiletries giant L’Oreal had filed an injunction suit against the discount retailer MyDollarStore, alleging that the latter had infringed its intellectual property rights (IPR) and illegally imported its goods into the Indian market. The report further stated that the two parties are in talks which could lead to an out-of-court settlement. The report pointed out that in such cases the issue for the MNCs is that these allegedly ‘illegal imports’ of top…


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Plant Variety Protection

SpicyIP Interview: Plant Variety Protection in India – in conversation with the PVP Authority Chairperson


Warning: Long post I recently had the opportunity to catch up with Dr S Nagarajan, the Chairperson of the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FR). This interaction was prompted by the realization that SpicyIP has not covered PVP (plant variety protection) in a very long time, and that it would be interesting to update on the activities of the Authority of late, particularly since the opening up of the process of registration for protection last year. It…


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Roche (Valcyte) vs Cipla (Valcept): Bombay High Court Injuncts Cipla


In a decision that is likely to impact the pharma stock market (albeit slightly), the Bombay High Court restrained Cipla from using the mark “Valcept” or any mark that was confusingly similar to Roche’s trademark “Valcyte”. Roche sued Cipla in September this year alleging both patent infringement and trademark infringement, in respect of an anti infective, “Valgancyclovir”, sold as “Valcyte” by Cipla and ‘Valcept” by Cipla. Read the stories here at the Mint, DNA, Business Standard and Economic Times. It…


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Comparative Advertising

Commercial Disparagement: A New Approach to ‘Puffing’?


A recent judgment of the Madras High Court (Colgate Palmolive v. Anchor, O.A. Nos. 493 and 494 of 2008 in C.S. No. 451 of 2008) appears to have modified the law relating to comparative advertising in cases of commercial disparagement, particularly in relation to ‘puffing’.   Puffing is, in general, a superlative claim made about one’s product; and is typically understood as so superlative that an average consumer would not believe the claim. For instance, a claim that “CCC coffee…


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Patent

Prelim report points to anti-competitive practices in EU’s pharma industry.


A preliminary report by the European Commission has revealed that blocking and delaying tactics of generic products by global drug companies have cost EU citizens about 3 billion euros every year. The Commission had launched a sector inquiry earlier this year, in the light of indication that there was a noticeable decline in the number of novel medicines reaching the market. From a study conducted across 17 EU states, the average of 40 per year (in the years 1995-1999), the…


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Madras HC sets aside Roche’s patent for Valganciclovir & Patent Office ordered to hear the pre-grant oppositions against Roche’s application


The Madras High Court in a recent judgment, dated 2nd December, 2008 has set aside the grant of a patent to Roche, in relation to its drug Valganciclovir because in the Court’s opinion the Chennai Patent Office’s decision to not grant a hearing to the petitioners/pre-grant opponents, who in this case were The Indian Network for people living with HIV/AIDS and the Tamil Nadu Networking People with HIV/AIDS, was in violation of Section 25 of the Patent Act. The Court also ordered the re-hearing…


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Uncategorized

Sir Hugh Laddie: Commemorating the Wittiest IP Maverick Ever


In the last couple of days, I have made many an attempt to key in a few words to express my deep sorrow at the passing away of an IP maverick and a very dear friend and mentor, Sir Hugh Laddie. Unfortunately, as they say, when the heart is heavy, words are but few. I spent a large part of this evening going back to the email exchanges that I’ve had with him since I’ve known him (for the last…


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Patent

IP Podcast from Duncan Bucknell: Dilution and Software Patents


Duncan Bucknell, a leading global IP strategist and an ex-SpicyIP blogger has, once again demonstrated his dynamism by putting together weekly podcasts discussing key IP events around the world. This week’s podcast has Jeremy Philips of the IPKat, who we’ve decided to christen the “Da Vinci” of the IP world (given the multifarious IP hats that he wears) and me. We discuss: i) The Intel dilution case that Jeremy has been blogging about. ii) The Indian Ford (dilution) case that…


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SpicyIP:GI for Agriculture Products:Levergaing LegalProtection for Commercial Gains


With the gold rush for the coveted G.I registration continuing with unabated momentum, the APEDA (Agriculture and Processed Food Product Export Development Authority) workshop held in Delhi recently provided the right platform to interpret the implications and opportunities of this trend. Exploring both the socio- development dimensions and the trade potential of commercializing G.I products, the dialogue set in place the next phase for the G.I regime. The focus of the first phase post the G.I legislation in 2003 was…


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