Section 107A(b) of the Patents Act: Does it Really Endorse International Exhaustion?

/ By / Patent

In quite a few posts in the past, we have argued and counter-argued over and over again on the interpretation of Section 107A(b) of the Indian Patents Act, 1970. For those who wish to understand the issues, please refer to this interesting article by Mr. Basheer and Mrinalini Kochupillai, which features some of the points raised on the blog earlier. For the last 2 days (actually nights) now, I have been reading and re-reading Section 107A(b) to see if there’s […]

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Update on the Indo-E.U. trade dispute before the WTO

/ By / Uncategorized

The BS reports today that India may formally approach the WTO Dispute Panel over the issue of ‘in-transit’ drug seizures by the E.U. As reported earlier on this blog India had file a complaint and requested for consultations with the E.U. and Netherlands over the seizure of Indian drug consignments that were transiting through the E.U. to destinations in Africa and Europe. Several other countries like Canada, China, Japan, Brazil etc. had joined these consultations. Normally these consultations are to

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Access to Legal Education: Old is Not Gold!

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Kshitij’s well written post raised issues that are very close to my heart. Particularly since I think its a great idea to open up the 5 year programs at the premier NLU’s (national law schools such as NLS, Bangalore) to brilliant engineers and science grads from IIT’s and the like. Given that we have a dearth of good patent attorneys in this country, I have a clear vested interested in advocating for this. So what stands in the way? A

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Anti-Piracy Coordination Cell To Be Launched By FICCI

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In an effort to curb the menace of piracy which has increased manifolds owing to the technological developments, FICCI is launching an Anti-Piracy Coordination Cell on October 15,2010 at FICCI,Federation House,New Delhi.This Cell is being launched with the approval of the Ministry for Human Resource Development. The Cell will function as a centralized agency to coordinate the efforts taken by the Government and the industry to curb piracy and will also serve as a platform that represent to the world

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IPO opens access to Indian TM database

/ By / Trademark

In continuance of its efforts to bring transparency to its functioning and sevices, the Controller General of Patents, Designs and Trademarks (CG) has announced that the trademarks database will soon become openly accessible and freely available to the public for search and related services. In a notification dated 29 September 2010, the CG has stated that on the finalisation of the draft notification published in the Gazette earlier in the month (which we posted on here), the services relating to

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Guest Post on Suit involving Daler Mehndi’s Trademark

/ By / Trademark

Spicy IP brings to the readers an insightful piece of work on the issue of celebrity merchandising and the matter involving the singer Daler Mehndi in the case of D. M. Entertainment v. Baby Gift Horse. The following essay has recently been selected as the best entry in an internal competition organized by the Intellectual Property and Technology Laws Society (IPTLS) of the National University of Juridical Sciences (WBNUJS), Kolkata. The author, Subhajit Banerji, is a law student currently in

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INTA Seminar on Trademark Filing Strategies in Chennai and Kolkata

/ By / Event, Trademark

International Trademark Association is organizing a seminar on Trademark Filing Strategies in Chennai and Kolkata on October 29 and 30, 2010, respectively. Who Should Attend This Seminar? In-House Counsel Lawyers / Outside Counsel Business Development Managers Marketing Managers Trademark Service Provider Company Secretaries The details of the seminar are as follows: CHENNAI Venue: Krishna & Godavari, Marriott Courtyard , 564 Anna Salai,Chennai, 600018 Date: 29th October, 2010 Time: 10:30 am-2:00 pm Speakers:  Rajesh Ramanathan, Attorney, Udwadia and Udeshi.                   Jacob

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The role of the Examiner and the Controller in the Patent Office; Pages from History

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Given the intense debates we’ve been having on the state and status of the Patent Office staff, I thought it would be interesting to browse through the following pages from the historical, Biblical Ayyangar Committee Report on the ‘Revision of Patents Law’ submitted 51 years ago to the Central Government in the year 1959. Those of you who are aware of the Ayyangar Report will agree with my characterization of the report as ‘Biblical’. The fact that Justice Ayyangar has

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Legal Education: 3 vs 5 years?

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We bring you a guest post from Kshitij Malhotra on a topic close to my heart. As Kshitij rightly argues, we need to create more 3 year programs of a quality that matches up to the best 5 year programs. The Rajiv Gandhi School of IP law at IIT Kharagpur is a good step in this direction. DU has always had an enviable 3 year program record. And now the Jindal Global Law School (JGLS) promises to give a complete

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Draft Amendments to Trade Mark Rules

/ By / Trademark

A couple of critical draft amendments have been proposed to the Trade Mark Rules, 2002, including a 40 per cent increase in the official fees for filing a trademark application, and removing the provising to request for a trademark search from the Registry. (Image from here). The Intellectual Property Website (IPO) has now put up the Gazette of India notification on the Draft Amendments to the Trade Mark Rules 2002, as published on 7 September 2010, a copy of which

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