Opposing Lack of Transparency in IP: KEI and Michael Geist on the ACTA


Readers will recollect a post by Swaraj Barooah on the controversial anti counterfeiting treaty. SpicyIP is vehemently opposed to any move that flouts principles of transparency in such a heinous manner. This treaty is being negotiated behind closed doors by a handful of trade representatives from the US, EU etc. It has no developing country representation and a recent post by the famous Canadian cyberlaw academic and activist, Micheal Geist suggests that the negotiators are bound by a non-disclosure obligation–for…


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Innovation Patent

Digital manners, and the future of governance


NB: The following post is not immediately related to Indian policy, but is a more general discussion picking up from a recent patent application on a possible scenario for future governance. After the OOXML saga (of which there is a lot more to come, I am sure), Microsoft is in the news again – this time for a patent on digital manners. The USPTO application for a Device Manners Policy (DMP) is available here: “The present invention includes methods and…


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SpicyIP Accolades: A Big Thank You to Our Readers


We’d celebrated the month of May for having given us 3 IP decisions from the Supreme Court of India. For our previous posts on these decisions, please see here, here and here.SpicyIP listed in Lexis Nexis, Library of Congress and MIP It turns out that May has proved a good month for SpicyIP on other counts as well. We have been selected as a top IP blog by Lexis Nexis in every category of IP i.e. patent, copyrights and trademarks….


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Innovation

The OOXML standard: a paper tiger?


The standards debate over the preferred international document format has been ongoing for months now. The International Organisation for Standardization (ISO) has officially put on hold the certification of Microsoft’s Office Open XML (OOXML), after registering appeals from India, Brazil, South Africa and Venezuela, received some days ago against the March 2008 ratification. (Read the official press release here) Were the OOXML to be approved, it would override the pre-existing ISO standard of the open-source Open Document Format (ODF), which…


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Clandestine IP treaty being drafted


Continuing from my previous post, it seems that certain developed countries have decided to take matters into their own hands. A controversial treaty is being drafted in secret by a group of wealthy countries. Late 2007 saw the beginning of this effort at creating new global standards for intellectual property rights spearheaded by United States, the European Commission, Japan, and Switzerland. Cleverly named the “Anti-Counterfeiting Trade Agreement” (Note: it does not deal with money counterfeiting), the drafting committee quite noticeably…


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Patent Litigation in the Himachal Pradesh High Court


Shamnad recently forwarded me a judgment of the Himachal Pradesh High Court passed in a case regarding the validity of a patent. I’m pleased to inform our readers that, although this is probably one of the first such patent cases in the HPHC, the Division Bench consisting of Justice Gupta & Justice Ahuja have done quite a good job with the judgment. Although the judgment is not extensively researched it has no major conceptual errors, it is quite lucid, it…


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Singh is (Sin)King???


“Ranbaxy is my life, my blood ”, was how the CEO and MD of Ranbaxy Laboratories Limited, Malvinder Mohan Singh chose to describe his relationship with the company at a press conference in New Delhi yesterday. This statement was made on the eve of Japan’s third largest drug-maker, Daiichi-Sankyo’s takeover of Ranbaxy at an estimated $4.6 billion at a price of Rs.737 per share pursuant to a Share Purchase and Share Subscription agreement which brings its holding in Ranbaxy to…


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SpicyIP:The Ponni Poach


The ‘Ponni’ Rice,considered as the grain of the masses in South India is the hot topic of a current cross border IPR controversy. The Ponni has come under siege, with the Malaysian Commodities giant Syarikat Faiza having acquired the trademark rights for this grain under the Malaysian Trademark Act.To add insult to injury this right also entitles Faiza to package and market varieties that closely resemble the attributes of the Ponni grain. Syarikat Faiza Sdn Bhd, which imports Sona Masoori…


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Patent

SpicyIP Tidbits: Inefficiency and Carelessness continue to haunt the Patent Office.


While on one hand, the Patent office seems to be treading a new path and improving their user based services, they also at the same time seem to be making the same mistakes all over again. Today, Business Standard reports that the validity of several patents granted by the IPO to medicines, including valgancicloivir, moxifloxacin, and antipsychotic olanzapine, have been questioned by public interest groups and health advocacy firms. Alleging inefficiency, these groups have stated that none of these drugs…


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SpicyIP Tidbits: Patent Office goes interactive!


In what appears to be an innovative scheme, users can now interact and clarify queries with specific reference to Patent and Trade marks from the Patent Office to get immediate answers. This comes in furtherance of the FICCI Press Release by the “FICCI-DIPP Consultative Working Group on Patents/Trade Marks and Designs system in India”, which readers will remember had recommended the creation of an assistance mechanism to help users understand the working of patent office and the procedural issues. Thus,…


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