Patent

Upaid files amended complaint against Satyam


There have been interesting developments in the Texas proceedings of Upaid vs Satyam, a case that I have followed for nearly ten months now. Just last week, new filings have been made in the case, including – crucialy – (1) plaintiff’s (Upaid) motion for leave to amend the complaint; as well as (2) the third amended complaint itself. There has also been filed (3) an opposition to the motion for leave to amend. Unfortunately, for eager readers, the filings have…


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SpicyIP:The Financial Crisis,WTO and beyond


A bubble bust is a good time to sit back, introspect and re-emerge with a new avatar. That’s perhaps what Pascal Lamy has set out to do. A task force has been set up to assess the impact of the financial crisis on the WTO and its implications for the multilateral trading system. Likened to the Great Depression in severity and impact, this time through the credit crisis and collapse of the banking system also comes accompanied with a plethora…


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Copyright

For the Love of Cricket: The Delhi High Court’s Dicta on Fair Dealing Increases the Woes of the News Channels


ESPN Stars Sports v. Global Broadcast News Ltd. and Ors. is the latest case decided by the Delhi High Court following a string of cases dealing with the exception of fair dealing and news channel reporting. This case seems to a chance to take advantage of the favourable attitude of the Delhi High Court towards broadcasters, especially in light of the earlier decisions of the concerned court in Prasar Bharti v. Sahara TV Network Pvt. Ltd. and Ors.(MANU/DE/3041/2005) and the injunction suit filed by Prasar Bharti…


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Drug Regulation

Spicy IP Tidbit: Govt. opposes new definition of Counterfeit Drugs


The Government has opposed the new definition of ‘counterfeit drugs’ which The International Medical Products Anti-Counterfeiting Taskforce, backed by the World Health Organisation, has given for being too open-ended and vague. The new definition defines a counterfeit drug as one which “may include products with correct ingredients/components, with wrong ingredients/components, without active ingredients, with incorrect amounts of active ingredients, or with fake packaging”. This applies for counterfeit copies of branded as well as generic drugs. The new definition apparently also…


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Patent

A Flash of Genius


After Hari Puttar, it’s the turn of another movie to take the movie-IP spotlight. However, this time the movie is based around a patent. “Flash of Genius“, starring Greg Kinnear, Lauren Graham, Dermot Mulroney and Alan Alda, is the true (and possibly dramatized – I haven’t seen it yet) story about an inventor Robert Kearns, and his battle with the Big 3 of the Auto Industry in America – Ford, Chrysler and GM. The movie opened out earlier this month,…


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Transparency in the Court: Recording oral proceedings – the way forward?


Recently, it was reported in several newspapers (including the Hindu and the Indian Express) that the Supreme Court while hearing a petition filed by an NGO ‘Janhit Manch’ stated that it would consider allowing the recording of Court proceedings in the interests of judicial transparency. It appears in fact that the Supreme Court has approved of a policy to audio-record its proceedings. Further, an Advocate of the Karnataka High Court, Mr. K.V. Dhananjay, has requested the Chief Justice of Karnataka…


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Patent

Guest Post: USPTO "Patent Outsourcing" Notice and Implications for LPO’s


An earlier SpicyIP post dealt with a controversial USPTO notice that some alleged would kill the Indian LPO (legal process outsourcing) industry. In a guest post for us, Dr Sushil Kumar of Clairvolex, a leading Indian LPO, effectively rubbishes such claims. Dr Kumar is Vice President, Patent Operations at Clairvolex, a premier Indian IP outsourcing company. He is a Ph.D in Bio-Chemistry from Delhi University and a registered Indian patent agent. Prior to Clairvolex, he was practising patents at Lex…


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Roche implements ‘mass serialization’ anti-counterfeiting technology


Allegations of counterfeit drugs have haunted the Indian pharmaceutical industry for quite a few years now. You can never be sure whether the tablet actually has an API or just white chalk. An E.U. Report last year pointed out that India was the largest source for the 2.7 million counterfeit drugs that were seized at the E.U. borders in 2006. For its part the WHO claims that India is the source of 35% of all counterfeit drugs in the world…


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Innovation

Informal IP: From the Green Revolution to the Neem Revolution


The Hindu recently ran an interview of mine on Indian IP and Innovation Policy. I argued that India needs the following: I. Holistic IP and Innovation Policy India needs to have a more holistic approach to innovation policy than the piecemeal approach thus far (mainly centering around specific IP legislations and often forgetting that IP is but a tool to incentivise innovaiton/creativity and not an end in itself). II. Towards “Informal IP” We need to stop framing our debates only…


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Joff Wild on the Allegations Against Indian Patent Office


The inimitable Joff Wild has a very pointed review of the Mint article that exposed high level corruption at the Indian patent office. Before I review Joff’s take on this rather unfortunate state of affairs at the patent office, let me thank all our readers for their comments to Kruttika’s hard hitting post on this issue. Some of the comments made for very interesting reading! Kruttika is now working on a post that will highlight the key aspects of a…


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