Two Indians in the Managing Intellectual Property’s Most Influential.


Leading IP Magazine Managing Intellectual Property (which you may access from the link on our blog) has come out with a list of Asia-Pacific’s 50 most influential people. With the Director General of the WHO, Magaret Chan heading the list, it comes as no surprise that two very capable countrymen of our own are in the top 10 of the compiled list- NN Prasad and Kapil Sibal. “Naresh Prasad has the challenging task of ensuring that the country’s IP infrastructure…


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SpicyIP Tidbits: Global Coalition Against Software Patents


Guess the Mombattiwalas will have a field day. Here’s the excerpt from a post on Readerlist: “A global coalition of more than 80 software companies, associations and developers has declared the 24th of September to be the “World Day Against Software Patents”. Five years ago, on 24 September 2003, the European Parliament adopted amendments to limit the scope of patent law and thereby protect small software companies from the harmful effects of broad and trivial software patents. A global petition…


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SpicyIP Tidbits: WHO and DCGI- A Sweet-Sour Relationship


In what seems to have become a regular affair, the WHO has “has objected to the practice of Indian pharmaceutical companies misusing international non-proprietary names (INN) as trademark protected brand names.” If newspaper reports are to be believed…: “In a recent letter to the Drugs Controller General of India (DCGI), the WHO has expressed concern over a trademark application filed by Cadila Pharmaceuticals for “platin”, a common name that is used for at least 18 medicines. Cadilla officials were not…


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Asian-European IP Case Database


Asian-European IP Case Database The Center for Advanced Study & Research on Intellectual Property (CASRIP, University of Washington School of Law) together with the Research Center for the Legal System of Intellectual Property (RCLIP, Waseda University) have developed a database of IP case law which includes a collection of about 2000 summaries and full-text cases from India along as well as from major Asian countries. The database is open to the public at http://www.21coe-win-cls.org/rclip/db/search_form.php The UW CASRIP and Waseda RCLIP…


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Trademark

SpicyIP Tidbit:Fosters Ruling and Transfer pricing


Readers may our recall our earlier post on the Fosters Ruling by the AARThe Business Standard carried an article on this ruling recently throwing further light on the ‘Source Rule’ that determines fiscal jurisdiction based on territorial nexus and first of its kind dealing with an offshore transfer of intangible The decision turned upon a fundamental question – where was the intangible, a ‘capital asset’, situated .The deeming fiction under the domestic law taxes non-residents on transfer of ‘capital asset’…


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SpicyIP: Meditative Experiences on G.Is’


Theatre buffs of Chennai have been in for a treat the last couple of months. An impressive array of thought provoking plays from across the globe, offering deep insights on disturbing social trends has added depth and meaning to the Chennai social scene. My fond favorite, the’ Song of the Loom’ written by a close friend and craft activist Sabitha Radhakrishna brought home issues close to my heart. The play highlighted the sad plight of the weavers of Kanjeevaram, where…


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SpicyIP Tidbits: Indian GI’s and the Need for "Introspection"


Arun S of the Financial Express has this thoughtful article on Geographical Indications, where he rightly calls for some “introspection” which I reproduce below. Statements attributed to me are broadly correct, though not entirely accurate. I had stressed that “quality” of examinations is an important issue, and unless we see decisions on oppositions (such as in the Reliance “Jamnagar” case, which I believe is the only case where an opposition has been filed), it may not be “fair” for us…


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Indian Bayh Dole to contain criminal provisions?


A news report recently states that Indian legislators plan on including criminal penalties under the Indian Bayh Dole Bill. Already the centre of much controversy, this inclusion could have more people up in arms about the passing of the Bill, and create further hurdles in India having it’s first ever Bayh Dole styled legislation. What is the Indian Bayh Dole Bill? For our newer readers and a quick recall for our older readership, the Public Funded R&D (Protection, Utilisation and…


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Copyright Trademark

Hari Puttar, now playing in Delhi


Misinformed reporting?An update on the Hari Puttar story we reported on recently: Our primary sources for that report were news stories that appeared on various websites, Indian and international. These reports, considering that they contained practically the same quotes from the parties to the case, were presumably based on a press release or a press conference. SpicyIP has since acquired information that suggests that these reports might in fact be incorrect. The applicants, i.e., Warner Bros. (WB), have been tight-lipped…


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SpicyIP Tidbits: And The Winner Is……..IPKat!!!


Ever heard of a cat that’s got an email id of its own? May be we could ask Ripley’s, but then we don’t need to go that far. Tufty (the cat of course) not only has an email id, but also enjoys the company of a rather distinguished quartet of extremely prolific “blawgers”. Not just that, the blawg has been voted the top “IT Law and Governance” blog in a poll conducted by ComputerWeekly.com for IT Law Blogs Award’08. SpicyIP…


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