Patent

Bajaj-TVS Feud- The Judgment


The danger with judging the worth of a patented invention or a patent application is that after understanding what the invention is all about, one tends to get wiser on account of an afterthought which makes the invention seem easy and or even obvious. It is absolutely imperative on the part of a patent examiner or a judge to control the urge to trivialise the invention so as to appreciate the inventor’s contribution at the time of making the invention…


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Uncategorized

SpicyIP Tidbits: More News on the Indian Bayh Dole


More news on the proposed Indian Bayh Dole (titled the “Public Funded R&D Protection, Utilization and Regulation of Intellectual Property) Bill” 2007). When it rains, it pours!! For our earlier posts on this theme, see here and here. “Down to Earth” carries a stinging critique of the secrecy with which the proposed Bayh Dole legislation for India has been shrouded. And argues that this secrecy could have been because some of the provisions are clearly against public interest. In contrast,…


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Uncategorized

Natco vs Roche/Pfizer: Hearing on the Right to Hearing


Lawyers Collective (LC) has this excellent update on the latest hearing in the Natco vs Roche/Pfizer compulsory licensing matter. As we stated in previous posts, the current controversy is around whether or not the patentees, Roche and Pfizer should be heard in the matter. Although the patents act does not explicitly provide the right to a hearing, the patentees argue that under a very liberal reading of the text of the statute (and keeping in line with the spirit of…


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SpicyIP Tidbit:Indian Government issues Intellectual Property Enforcement Rules .


Vide Circular 41/2007 –Customs, The Government of India has notified and published the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and the instructions for its implementation. The Government of India in compliance with its TRIPS obligations to implement border control issues and curb infringement of intellectual property rights has issues the aforesaid circular that prohibits import of goods that infringe national IPR laws as well as IPR laws prevailing in the EU and other countries. The Rules inter alia…


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SpicyIP Tidbit: Cipla wins round one in its battle against Roche


The much awaited judgment of the Delhi High Court on the issue of temporary injunction in the Roche-Cipla case is finally out. Cipla’s risky strategy has paid off with the Delhi High Court allowing it to continue the manufacture of Erlotinib till a final ruling on the case. The only caveat that the Court attached was that Cipla maintain ‘fair accounts’ of the drugs sold so that it may adequately compensate Roche in case of an adverse final ruling. SpicyIP…


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Uncategorized

SPICY IP Interview with Dr. Samir K Brahmachari


I recently had the opportunity to speak with Dr. Samir Brahmachari, the new Director General of CSIR. It was a pleasure to see the enthusiasm with which he spoke about his open source drug discovery model and his plans for the growth of CSIR. Given all the media attention that his OSDD has already received, I thought it would be best to dig a little deeper into the model. We provide not just excerpts from his interview, but also excerpts…


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Innovation

Innocentive: Open Innovation Marketplace.


The Wiki template has inspired many an interesting business model.Innocentive a company styled on similar Wiki constructs fosters the ‘open science’ concept offering an innovative manner of conducting open source R&D by facilitating online interface between the companies and researchers. A win –win model, researchers get compensated with a generous cash prize for offering viable tech solutions. Companies such as Eli lily and the Rockefeller Foundation have subscribed to this initiative. Seeking solutions to their R&D issues by networking with…


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Spicy Tidbits: Green Room Negotiations at WTO


The WTO Council council concluded its triennial meet recently. The Green Room Negotiations a priority item on the agenda had the proponents reiterate their demand for effecting an amendment requiring the disclosure of origin of genetic resources and a proposal to extend elevated geographical indications (GIs) protection to other products besides wine and spirits. As a precursor to the Doha round, this proposal has the backing of half the members of the WTO. Full length article click here


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Indian Bayh Dole in the News: Faith Based IP vs Empiricism


Our efforts at sparking up some interest in the proposed Bayh Dole style legislation in India pays off. As readers may be aware, SpicyIP reported on this issue here (this post links back to earlier posts on the theme). We were very concerned with the secretive way in which this bill was sought to be introduced–hopefully with more journalists picking up on this theme, the government will come under some pressure to be a little more open and transparent here….


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Patent

Bollywood and Patents: A Hooker’s Narrative of “Exploitation”!


When I visited one of my friends recently in London, I found that he was deeply engrossed in a bollywood flick titled “Laaga Chunri Mein Daag“. The femme fatale, Rani Mukherjee (my reason for suffering the movie) plays the role of a high class hooker. She finally meets her hero (Abhishek Bachan)—and lo and behold, he turns out to be a world famous patent attorney from India!! And one scene even has him speak at a world patent and trademark…


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