Patent

Patent-ly problematic


India’s IP regime is being hauled up for not being industry friendly enough by the biotechnology Industry Association (BIA). Business Standard reports – The association raised the following concerns: 1. Indian laws lack clarity with regard to the patentability of biomolecules like nucleic acids.2. The provisions dealing with disallowing patents for known products which do not result in significant enhancement of efficacy.3. India’s capacity to include data protection clauses for medicines.4. The “onerous” obligations relating to the disclosure of source…


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Spicy Tidbits: Compulsory Licensing Dilemma


Bangkok is continuing preparations to import the generic drug to treat breast and lung cancer patients to fulfill its obligations under the universal health care scheme. This is despite the uncertainty over compulsory licensing in the country. The Government Pharmaceutical Organisation board has chosen to sign a deal with Dabur Pharma to distribute Docetaxel. The GPO chose the Indian drug maker over two other companies, including patent owner Sanofi Aventis, after it offered to distribute the drug for 1,245 baht…


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Patent

SpicyIP Tidbit: Patent Progress Report


No matter how much we try to extol the virtues of a qualitative analysis, none can deny the relevance and significance of a quantitative evaluation, for numbers speak for themselves or atleast the common man presumes them to do so. The editor of Intellectual Asset Magazine (IAM), Joff Wild, has come up with a “Patent Focus Report for 2008” for Thomson’s Knowledge Newsletter. According to this report: “The patent office is struggling to cope as applications rise. Despite the increased…


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SpicyIP Events: NLSIU to hold a National Symposium on Challenges to India’s Patent Regime on the 12th and 13th of April


The National Law School of India University (NLSIU), Bangalore is going to hold a National Symposium on Challenges to India’s Patent Regime on the 12th and 13th of April, 2008. The symposium is being organized by the Editorial Board of the National Law School of India Review (NLSIR) – NLS’s flagship journal formerly known as the Student Bar Review. The website can be accessed here. The concept note for the Symposium is available here. As per the website of the…


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Copyright

Good news for movie watchers


Moser Baer has developed an innovative strategy to fight copyright infringement. Read Shamnad’s post on Moser Baer and its pricing plans for more context here. Moser Baer has brought over the rights to numerous movies ranging from classics like Kora Kagaaz to newer hits like Jab We Met which are being sold at prices ranging from Rs. 30 (VCD) and Rs. 39 (DVD to Rs. 34 and Rs. 49 respectively. Since these days most pirated versions cost more than this…


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Trademark

SpicyIP Tidbits: Wedding Bells ring victorious!


Recently Bharatmatrimony.com discovered the website ‘Bharathmatrimony.net” which promoted itself as India’s No. 1 Matrimony website. They have successfully proceeded against the infringing website for the domain name as well as the trademark. Enthused by this victory, the portal now plans to proceed against other infringers to protect the interests of the Company. The full report can be found here.


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Innovation Patent

Exporting Bayh Dole to India: Whither Transparency–Part II


As promised, I’m posting some of my preliminary views on the Bayh Dole style bill in India. Would love to hear what readers think about this proposed bill–it may be an old version, but it’s a fair guess that there are no radical changes in the version introduced in Parliament. 1. The India bill, much like its US equivalent (Bayh Dole) is premised on the assumption that intellectual property rights are the best way to drive innovation. The more IP,…


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Patent

Indian Diamond Industry: "Brighter" Times Ahead


To recount the history of Indian diamond industry would be clichéd and to reel out the list of sobriquets that it has earned for itself and for the country may seem redundant. Nevertheless, to understand the industry, its past and present, is a condition precedent if one is to comprehend, prognosticate and chart the way to the future. As is the case with most other aspects of this nation’s history, the lines distinguishing fact from fiction are blurred in the…


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Uncategorized

SPICY IP Tidbit: WHO Report on TRIPs Flexibilities and Access to Medicines in Thailand


In WHOs recent mission to Thailand saw the release of a 31-page report entitled “Improving access to medicines in Thailand: The use of TRIPs flexibilities.” According to a recent news item, the report “provides technical information and policy options on the general rules and mechanisms available to countries for use of the flexibilities contained in the Trips and other international agreements, in order to promote greater access to pharmaceutical products.” The report specifically highlights the flexibilities in the TRIPs agreement…


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Patent

A Tale of Two Patents: Did the Indian Patent Office Collude?


Yet another interesting incident that adds to the long list of “malady of errors” by the Indian patent office: a recent case suggests that it may have granted the same patent to two entities!! If true, this will come as no surprise, given that the patent office does not have an electronic database of patent information, either for their internal use or for members of the public.Recall the SpicyIP petition that pleaded with the Prime Minister to take immediate steps…


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