A face-off in the offing between the Delhi High Court and the Customs Board?

/ By / Patent

Continuing from my earlier post on the order of the Delhi High Court in the L.G. case, I would like to point out an interesting trend where orders of the Delhi High Court especially those of Justice Manmohan Singh, pertaining to the IPR (Imported Goods) Enforcement Rules, 2007 are being skilfully countered by one Mr. Satish Kumar Reddy, Director at the Central Board of Excise and Customs (CBEC). (Rest assured he is in no way related to me.)  (i) Samsung […]

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Patentability of Computer Software Programs in India

/ By / Uncategorized

In my previous post about the Samsung-Apple patent war in the tablet and smartphone market, I ranted about the curse of patents in the industry and how Judge Richard Posner, of the U.S. Court of Appeals expressed his disdain for patents in the industry as well. Thus, I thought it may be useful to examine the issue of software patents in India – to lay down the present law on the subject. Thus, in the following paras, I will briefly

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Samsung v. Apple – Let the Patent Games Begin

/ By / Patent

While the patent wars between the various smartphone and tablet manufacturers (Apple, Samsung, Motorola, Google) have been raging for a while, there are a few recent stories that deserve a quick mention for being plain hilarious to downright ridiculous. SAMSUNG v. APPLE IN THE U.S. One might remember the order of a U.S. District Court late last month that granted Apple a preliminary injunction against Samsung for the sale of the Samsung Galaxy 10.1 tablet. Judge Koh remarked that there was enough

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Delhi High Court passes restraining orders in a declaratory patent lawsuit after the patent has already been revoked by IPAB!

/ By / Patent

Image from here. In a recent 80 page order, Justice Manmohan Singh of the Delhi High Court has, probably unwittingly, passed restraining orders in the case of L.G. Electronics India Pvt. Ltd. v. Bharat Bhogilal Patel & Othrs after the patent in question was already revoked by the Intellectual Property Appellate Board (IPAB). The order can be accessed over here. An earlier order passed in this lawsuit was also rather surprising and I’ve blogged about that order over here.  The

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Guest Post: Myriad’s Gene Patent Case Receives an Amicus curiae brief by Nobel Laureate Dr. James D. Watson

/ By / Patent

Taapsi Johri, a practising IP lawyer, has sent us this very interesting guest post on the ongoing Myriad, ‘gene patents’ case before the CAFC. The focus of her post is on the amicus brief filed by Dr. James Watson, the Nobel Laureate who discovered the double helix structure of DNA. Taapsi’s post below captures the essence of the debate and its applicability to India, which apparently has been granting gene patents. Myriad’s Gene Patent Case Receives an Amicus curiae brief

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CSIR maintains DEATHLY silence on royalties (if any!) earned from licencing of its patents

/ By / Uncategorized

It appears that my 5 months old campaign to force CSIR to disclose information on the royalties earned from licencing of its patents is simply not going to bear any fruit. I had initially filed an application in March this year to investigate the sums that CSIR is spending on patenting and the amount that it is earning through licensing of these patents. At that time, although CSIR disclosed that it had spent close to Rs. 74,20,00,000 on securing its

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Lack of Transparency in Domestic Policies harming the Pharmaceutical Sector? The Industry speaks out

/ By / Uncategorized

(Image taken from here) It will be quite superfluous to reiterate to the readers the strong vantage position that the Indian pharmaceutical industry holds at present in the global arena, as the second largest exporter of bulk drugs and largest formulation exporter in the world. Yet all may not be well insofar as the domestic growth of the industry is concerned, with all the flak it has been taking by unfavorable policy decisions by the Indian government, especially with respect

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Rajiv Gandhi National Institute of Intellectual Property Management Inaugurated by Government

/ By / Others

The union Minister of Commerce, Industry and Textiles, Shri Anand Sharma inaugurated the National Institute of Intellectual Property Management (NIIPM) building at Nagpur on the 21st of July, 2012 and named it the “Rajiv Gandhi National Institute of Intellectual Property Management” . The primary objective appears to be to train professionals to deal with the recent surge in patent applications in India. There was also an announcement of the decision to establish the India Intellectual Property Foundation, which the Department of Industrial Policy

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The Basmati Controversy rears Head across the Indo-Pak Borders

/ By / Trademark

(Image taken from here) The followers of the Basmati controversy (for our earlier posts, see here) may have been under the impression that the matter had been put to rest back in 2008 when the Indian Parliament had authorized the Agricultural and Processed Food Products Export Development Authority (APEDA) to have ownership rights for the purpose of registering Basmati rice grown in the state of Punjab. However, matters have not yet come to a satisfactory conclusion, if reports from across

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Managing IP names Justice Prabha Sridevan in its list of 50 most influential people in the IP world

/ By / Others, Uncategorized

Photo courtesy: MIP Managing Intellectual Property (MIP) has announced its annual list of the fifty most influential people in the IP world. Past editions of this list have featured former Controller General P.H. Kurian, Justice Ravinder Bhat of the Delhi High Court, Javed Akhtar & SpicyIP. The only Indian to feature in this year’s list of 50 personalities from around the world is Justice Prabha Sridevan, Chairperson of the Intellectual Property Appellate Board (IPAB). In pertinent part MIP notes her

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