Patent

SpicyIP reacts to the Mint Report on alleged corruption in the Indian Patent Offices


With the filing of patents almost doubling in number over the last few years, the Patent Offices in India have increasingly been in the focus of the media since the revised Patent Regime took force in India in 2004. Recently, the Mint carried out an investigation, and has also referred to a report published by an Austrian Government entity, to examine the reported nexus between Government officials and patent agents from private law firms. Austria’s Wirtschaftsservice (AWS), an entity mandated…


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Introducing Suchita Saigal as our New Blogger


We’re happy to welcome Suchita Saigal, a fifth year law student from NLSIU, Bangalore. For a law student, she’s garnered up an impeccable IP record, having taught IP as a teaching assistant to Prof.Ramakrishna, the head of the IP Dept at NLS. She’s also done a few IP related internships, most recently in Herbert Smith’s (London) IP practice department. She’s currently heading a research group working on Role of Intellectual Property Rights in Protecting Traditional Knowledge. She is a current…


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Drug Regulation Trademark

Whats in a proprietary drug name? Apparently quite a lot!


The Times, recently, carried an interesting article on ‘How drug companies try to get into your head?’ The article points out how drug companies come up with fancy sounding names which make no reference to the generic names of the drug and how these proprietary names are used by the media during the course of the reporting, thereby unwittingly advertising the proprietary name to the general public and creating an impression that these branded drugs are much more effective than…


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Copyright Trademark

The Fabulous tale of Scrabulous…


An earlier post on this blog had briefly discussed the Scrabulous case decided by Justice Bhat of the Delhi High Court. In this post, I will analyse some of the important aspects of the case (Mattel Inc. v. Jayant Agarwalla, IA No. 2532/2008 in CS (OS) 344/2008). At the outset, it is essential to note that theorder of the Court arose out of an application for a temporary injunction. In matters of temporary injunction, the plaintiff has to demonstrate his…


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SpicyIP:Ayurgenomics


SpicyIP: Ayurgenomics The Integrated systems of Health Care and Treatment fast gaining popularity could best be explained as the confluence of Ganga, Jamuna, and Saraswathi. Asias’long standing tradition of herbal treatments has trickled in to Western Pharma, and many blockbuster drugs are herb based. A recent article in the Economist points out ‘Since the latter end of the 20th century, Eastern medicine has also enjoyed resurgence in popularity by patients with access to information on alternatives to undesirable side effects…


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Innovation

Away from ‘Old IP’? A Discussion on an International Expert Group Report


The International Expert Group on Biotechnology, Innovation and Intellectual Property recently released its report titled ‘Toward a New Era of Intellectual Property: From Confrontation to Negotiation’. The Report is available here. The Report contains several important policy suggestions, arguing for a move toward ‘New IP’ – “… the emerging area of IP in which IP stresses sharing and collaboration instead of increased protection, leading not only to greater levels of innovation, but better access to new products and services…” –…


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Expanding the SpicyIP Family: Introducing Mihir Naniwadekar


I have great pleasure in inviting Mihir Naniwadekar to join our blog. He is a 4th year B.A.LL.B. student at the National Law School of India University, Bangalore. He is a seasoned blogger and has been contributing to the Corporate Law Blog, the leading Indian corproate law blog. He is also the founder of the “Law and Legal Developments” blog. In his first post on SpicyIP, Mihir plans to cover a rather bold report from the “Innovation Partnership”, an international…


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SpicyIP Tidbit: The Supreme Court appoints Dr. Chakraborty as the technical member on the IPAB panel hearing the Glivec appeal


The Supreme Court in a recent order, dated the 1st of October, appointed Dr P.C. Chakraborty,deputy controller general of patents in the Kolkata office, as a technical member on the IPAB Panel hearing the Glivec appeal. Readers may remember that close to a month ago SpicyIP had blogged on how the Supreme Court was leaning towards the inclusion of a technical member on the IPAB panel. Additionally the Court has also ordered the IPAB to begin hearing the appeal on…


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Innovation

Breaking News: India Unveils "National Innovation Act"


Pursuant to our earlier post on an impending Innovation Act, the government has now released a draft version of the National Innovation Act, 2008 (hereafter “NIA”). The preamble to the Act explains its purpose: “An Act to facilitate public, private or public- private partnership initiatives for building an Innovation support system to encourage Innovation, evolve a National Integrated Science and Technology Plan and codify and consolidate the law of confidentiality in aid of protecting Confidential Information, trade secrets and Innovation….


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Patent

Guest Post: Recent Developments in the "Arogyapacha: Kani" Case


We bring you a guest post from Rohan Saha, a final year student at the Nalsar University of Law, Hyderabad, on some recent developments in the Arogyapacha case, as reported in this Tehelka article here. On behalf of SpicyIP, Rohan also spoke with Dr Pushpangadan (ex TGBRI member who was the key person who drew up the benefit sharing proposal involving the Kanis: a proposal that has been lauded by international bodies such as the UN, World Bank etc) ….


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