Government to introduce a whistle blower scheme in a bid to counter spurious drugs


The Union Health Minister Mr. Ghulam Nabi Azad has proposed, in Parliament, a whistle blower scheme for all those informants who volunteer with information on spurious or counterfeit drugs. According to the policy a maximum of 20% of the total cost of consignments will be payable to the informant provided that the total compensation does not breach a ceiling of Rs. 25 lakhs. Even government officials can claim rewards under this new policy. Kudos to the Government of India for…


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Uncategorized

Guest Post: A critical analysis of the Indian Policy on seeds – Bane or Boon?


We’re pleased to bring to you a guest post by Nirajan Man Singh & Sheja Ehtesham, both of whom will be graduating from NALSAR this weekend. Their post deals with the Seed Act, 2004 which is scheduled to be tabled in Parliament amidst severe opposition from farmer associations. A CRITICAL ANALYSIS OF THE INDIAN POLICY ON SEEDS – BANE OR BOON?India is predominantly an agricultural country. 31% of its GDP comes from agriculture and around 64% of its labour force…


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SpicyIP Tidbit: Glasgow Wants Protection for Chicken Tikka Masala


After calls for a GI for Birmingham’s Balti dishes on which Sumathi had blogged early last month, it is now chicken tikka masala’s turn. According to the Financial Times, an MP from UK’s Labour Party, Mohammed Sarwar, has asked for a European Union protection in the form of a Protected Designation of Origin (PDO) to be granted to the dish as a “Glasgow Recipe”. He claims the dish was created in Glasgow’s Shish Mahal restaurant in the 1970s (Wikipedia too…


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Trademark

Guest Post: Is OSHO a Trademark – Osho Friends to the Rescue


We bring you a guest post on controversial case of the Osho trademark, as decided by the Trademark Trial and Appellate Board (TTAB) in the US. You will recall our previous posts on the frequently coinciding paths of the sacred and the profane in IP, which you can sample here, here and here. Today’s post is in continuation of the same, and draws attention to the detailed discussion by the TTAB on whether or not OSHO could be regarded as…


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Patent

The Fate of the Rosiglitazone Patents: Far From Rosy?


Recently, a colleague of mine asserted that till date, GSK had obtained only one pharmaceutical product patent in India! Given that GSK has the largest sales in India (of all the MNC’s operating within India) and have introduced most of their global products in India as well, this figure seems a tad too difficult to believe. Anyone in the know from amongst our readers? And with this puzzling statistic, which if true, could raise some very interesting questions about the…


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Guest Post: The Power of IPAB to Stay the Operation of Patent


by Mathews P. George. Mathews is a fourth year student of WBNUJS. He has previously posted on “Originality and Fair Dealing”. The Intellectual Property Appellate Board (hereinafter IPAB), on the 13th of July, suspended the operation of patent held by Ramkumar. Professor Shamnad Basheer has discussed the development here. In this post, we shall discuss the vires of this Order.The Order Sheet states as follows: “Counsel for the applicant present. Despite service of notice in M.P. Nos. 11 & 12/2009,…


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Husha Busha – We All Fall Down!


With Rakhi Sawant’s swayambhar coming to a close, I was all ready for unexpected drama. However, drama unfolded elsewhere and the main actors, NASSCOM and  Manufacturers’ Association for Information Technology (MAIT), gave the government and the IT industry quite a jolt. The drama was in relation to the Draft Policy on Open Standards for E-Governance, introduced by the Ministry of Information and Communication Broadcasting last year. The policy has been high on controversy ever since it’s release. In an earlier post…


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Biological Diversity

First VIP Speaker at NUJS: Jayashree Watal on Doha and TRIPS


As mentioned in an earlier post, we’re now running the VIP (Venting Ideas on Intellectual Property) series for this academic year at NUJS. Our first speaker for this academic year is Jayashree Watal who will speak on “TRIPS and the Current Doha Round”. In her talk, she proposes to touch upon the current Doha negotiations, TRIPS and Development, IP and Public Health Issues, and issues of special interest to India such as geographical indications and protection of biodiversity. For those…


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Copyright

Compulsory Licensing by the Copyright Board: Whither Copyright Expertise?


SpicyIP just discovered that the mother of all compulsory licensing battles is being waged before the Indian Copyright Board, a statutory body entrusted with certain specific tasks under the Indian Copyright Act. The warring factions involve radio stations (such as Radio City and Radio Mirchi) on the one hand who are seeking to gain compulsory licenses to broadcast music at low rates, and content owners (T Series) or administrators (PPL, IPRS) who wish to peg the rates as high as…


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Trademark

Yet another Sound Mark Granted


The first sound mark was obtained in India in August, 2008 by Yahoo for its famous “yodel”. (Refer to a previous post on the same).This trend in favour of granting non-conventional trademarks has been further strengthened with the registration of a sound mark for Allianz Aktiengesellschaft, a German Company (Allianz). Allianz was represented by Fox Mandal Little. Another sound mark for Allianz is through with the prosecution and is expected to be granted the registration certificate very soon. These marks…


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