Copyright

Don’t lose hope Ms. Jishnu – Keep the faith


Today’s Business Standard carried Ms. Latha Jishnu’s weekly column. As always Ms. Jishnu’s article made for some interesting reading. For this week she had written about the anti-IP crusades of Brazil’s Grammy Award winning former cultural minister – Gil. Of course Ms. Jishnu does not descend into the extremities of asking for the dissolution of the copyright regime but instead limits herself to a call for diluting the copyright regime on the lines of Gil’s efforts in Brazil which has…


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SpicyIP Events: Conference on Traditional Knowledge in New Delhi.


The National Institute for Science Communication and Information Resources (NISCAIR) set up under the Council for Scientific and Industrial Research (CSIR), is organizing the “National Conference on Traditional Knowledge Systems, Intellectual Property Rights and their relevance for Sustainable Development”. The three day conference, from the 24th of November, 2008 and ending on the 26th of November, will be held in the National Agricultural Science Complex in New Delhi. While understanding the dynamism that Traditional Knowledge offers a legal system and…


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SpicyIP Tidbit: Chrysler grills Mahindra over front grill design


After their last IP dispute over the ‘Jeep’ trademark, Chrysler and Indian car major Mahindra & Mahindra have moved on to their next IP dispute over the design of Scorpio’s front grill. Chrysler has alleged that the Mahindra & Mahindra has ripped off one of its designs for the front grill. Its not clear as to whether or not Chrysler had actually protected its design under the Indian Designs Act. Regardless Chrysler could still sue for copyright infringement. Media reports…


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Substandard manufacturing investigated: Ranbaxy under the microscope


Indian manufacturer Ranbaxy is in the news yet again. And, in a trend that seems not too surprising, it’s in the news for all the wrong reasons. Currently, Ranbaxy is under contract with the American Government to provide antiretroviral drugs (for HIV/AIDS) at a lower cost. However, these very drugs are now under the microscope, with investigations last month instituted to examine whether the same are substandard, impotent or unstable. ProPublica (an independent, non-profit newsroom that hopes to bring to…


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Spicy IP Tidbit: Indian Govt. to take charge of buying patented drugs and devices for the country?


The Indian government seems to have noticed, that barring a few instances of certain MNCs such as Merck launching their products differentially priced, or even counting these differentially priced drugs, health care remains by and large, much beyond the paying capabilities of even the fast growing middle classes. As per current proposals by the ministry, the Indian govt. could become the country’s sole purchaser of patented drugs. If carried out, this would be the first instance where the public as…


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The Draft Manual of the Patent Office and SpicyIP’s recommendations on Section 3(d)


As many of you must already know the Patent Office has been having stakeholders meetings in various cities in regards the Draft Manual released by the Patent Office some months ago. It needs no repeating that the Draft Manual does not have the force of law and is merely indicative of the practices of the Patent Office. The Delhi and Bombay meetings have already been concluded. The patent office discussed the participation in a press release which can be accessed…


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Copyright

SpicyIP Tidbit: Open source licenses are copyright enforceable


The terms of an open source license are copyright enforceable, and not merely enforceable under contract law, according to a pioneering decision of a US Court of Appeals for the Federal Circuit (CAFC) last week. The court essentially held that the provisions of an open source license constitute a form of copyright, and are legally enforceable as such. Read this excellent article in InformationWeek on the case here. Brief facts of the Jacobsen vs Katzer decision (available as a download…


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Trademark

Breaking News: India’s First "Sound" Mark Registered


SpicyIP just learnt that India’s Trademark Office has granted the first “sound” mark in favour of Yahoo Inc yesterday! Simply put, a sound mark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. Classic examples include the thunderous sound of a Harley Davidson (though it appears that that this registration failed in the US after severe opposition), MGM’s roar of a lion etc. For a collection…


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Innovation

SpicyIP: On Patent Pools and Cross Licensing


As old as Grandmas sewing machine, the Patent Pool concept is seen finding popular application in recent times across various industry sectors. Nothing unduly complex about the mechanism that can be simply explained as an arrangement wherein a group of patent right holders arrive at an understanding to cross license and pool in their patent assets in complementary manner and apply it towards a common goal. Aggregation and Collective management of IP assets in short is what is is. One…


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Patent

Obviousness: A Paradigm Shift? – Part II


In the first part of this post, I had discussed the standard of obviousness as laid down by KSR and explained the difference between the “obvious to try” and “obviousness” standards, advocating for the most part adherence to the latter. In this part, we shall analyse Angiotech to see for ourselves if there has been a divagation from KSR. Angiotech Pharmaceuticals Inc v. Conor Medsystems Inc (2008)Forum: House of Lords, United KingdomDefendant-Appellant- Patentee: Angiotech Pharmaceuticals IncPlaintiff-Respondent: Conor Medsystems IncDecision: Appeal…


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