Uncategorized

The Public Funded R&D Bill: Does India Need a Bayh Dole – II


“What are the constitutional obligations on the State when it takes action in exercise of its statutory or executive power? Is the State entitled to deal with its property in any manner it likes or award a contract to any person it chooses without any Constitutional limitation upon it?” What are the parameters of the statutory or executive power in the manner of awarding a contract or dealing with its property?” — Justice Bhagwati in R.D Shetty v. Airport Authority…


Read More »

Novartis "Glivec" Case: Supreme Court In Favour of a "Technical" IPAB


Joe C Mathew, a leading pharma/patent analyst with the Business Standard has this very interesting account of the Supreme Court proceedings in the Novartis case. He notes in pertinent part that: “The Supreme Court on Tuesday suggested that the Centre should consider having an expert member on the Intellectual Property Appellate Board (IPAB) that reviews decisions of the Indian patent office. Hearing the case, Justice SH Kapadia and Justice B Sudershan Reddy suggested that the central government should consider the…


Read More »

SpicyIP Tidbit: The G.I juggernaut Rolls On


The Confederation of Indian Industries (CII) in association with the USPTO will be organizing a number of road shows between the 3rd and 30th of September aimed at promoting awareness of the G.I rights. The first of such shows will be held in the tribal areas of the North East, Kota and Bhubhaneshwar These road shows on GI will be a first of its kind in the country and will help to reach out to Various Stakeholders of Geographical Indication…


Read More »

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…


Read More »

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…


Read More »

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…


Read More »

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…


Read More »
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’…


Read More »

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…


Read More »

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…


Read More »