Geographical Indication

SpicyIP: The GI Blurb


We have fresh news trickling in from the two States of Andhra Pradesh and Jharkhand for followers of GI trends. Since obtaining the first GI for the Pochamply in 2005, there has been no looking back for the State of A.P in its G. drive CII-Andhra Pradesh Technology Development Centre, Hyderabad in Collaboration with Andhra Pradesh Handicrafts Development Corporation have facilitated the grant of Geographical Indications of Nirmal Painitings, Nirmal Furnitures and Leather Puppetry. This is the first hand made…


Read More »
Patent

PATENT PROTECTION FOR MARRIAGE PORTAL?


As the better halves of the so called matches ‘made in heaven’ attempt to find their soul mates on online marriage portals like the bharatmatrimony.com, these portals find their terms of endearment in the profit margins involved. Interestingly and quite unbelievably, in order to maintain their leading position in the market, bharatmatrimony is seeking protection under the realm of patents. They have several patent applications pending, including applications for programs like “veriprofile” and “virtual matrimony meet”. Techgoss reported this attempt…


Read More »
Patent

Drugmakers in Para IV Litigation


Hoffman – La Roche has slapped a lawsuit at Indian generic drugmaker Orchid Chemicals & Pharmaceuticals Ltd. over a newly issued patent for Roche’s blockbuster osteoporosis drug Boniva. The US Patent was issued (US Patent 7410957 – Method of treatment using bisphosphonic acid) on August 12, 2008 and Orchid had filed an ANDA (Abbreviated New Drug Application) with the USFDA under Para IV of the Hatch-Waxman Act. Interestingly, Orchid was sued in September last year over the alleged infringement of…


Read More »
Innovation

The Innovation Bill, 2008, and Trade Secrets: Part II


In an earlier post, I had looked at some of the provisions in the Innovation Bill, 2008 dealing with the protection of trade secrets. This post continues that discussion, and I now focus on a few areas in the Bill which are likely to be controversial. ‘Public interest’ and ‘Reasonable royalties’? Section 11 of the Bill, “Exceptions to Misappropriation of Confidential Information”, is a rather fascinating provision. Particularly interesting is Section 11 (c) which says “Confidential information shall not have…


Read More »

SpicyIP Review: “Perceptions of IP” by Roya Ghafele


SpicyIP wishes its readers a Safe, Happy and Prosperous Diwali! IntroductionThe joy, of seeing someone express a particular opinion in the right forum on an issue which one strongly feels about, in a manner better than one could have done, and in exactly the way one would have liked it, is something best experienced than expressed. This was precisely what I felt after reading Roya Ghafele’s “Perceptions of IP” (a report prepared under the aegis of the Intellectual Property Institute…


Read More »
Innovation

The Innovation Bill, 2008, and Trade Secrets: Part I


A previous post on this blog looked at some of the important provisions in the National Innovation Bill, 2008. I now look at the impact which the Bill may have on the important area of protection of trade secrets. In particular, this post will deal with (a) the nature of the protection granted under the Bill, (b) the subject-matter entitled to protection, and (c) the duties cast on third parties who have received any confidential information. The Nature of Protection:…


Read More »
Uncategorized

Call for final contributions: Indian Journal of Intellectual Property Law


The Indian Journal of Intellectual property law, a NALSAR University of Law publication, is calling for final contributions for the second issue of its journal. With an impressive advisory panel (comprising of several eminent persons such as Hon’ble Justice CK Thakker, Prof. Anil Gupta, Mr. Anil Sinha from the WIPO, Shamnad Basheer, Prof. Johanna Gibson, Joseph Beck, Mr. Peter Ganea- to name a few), and with one sucessful issue already out, the Journal is now looking for articles by students,…


Read More »

The AWS Report on IP in India: The Good, the Bad and the Ugly


The overwhelming response to the previous post on the allegations of corruption in the IPO has led SpicyIP to also undertake a study into the AWS Report that the Mint had referred to in its investigation. Austria Wirtschaftsservice inquired on behalf of the Austrian Ministry of Commerce and Labour between 11.02.2008 and 29.02.2008 with several official IPR institutions and private IPR service providers in India about the current national IPR situation in regard to foreign entities. The supreme objective was…


Read More »

Ravi Kamal Bali v. Kala Tech: India’s First Doctrine of Equivalents Case?


We had a guest post on a case that allegedly brought in the doctrine of equivalents into Indian patent jurisprudence. Unfortunately, many of our readers pointed out to me that the post was not very clear in explicating either the facts or the legal issues arising therefrom. We therefore thought it fit to run this post clarifying key aspects of the case: Firstly, the decision by Justice S.J. Vazifdar was not in relation to the main suit, but only disposed…


Read More »

Indian Bayh Dole Bill: Secret "Public" Discussions by FICCI?


I recently came across news of a FICCI workshop on the Indian Bayh Dole bill that was held on 16th October. For our previous posts on this highly contentious and ‘secret” Bill, please see here. The FICCI invitation that appears to have gone out to only a select few stated thus: “FICCI is organizing a Seminar on the Public Funded R&D (Protection, Utilization and Regulation of Intellectual Property) Bill, 2007 on 16th October 2008, at 10.30 am, at Federation House,…


Read More »