Copyright Patent

STRETCHING THE WRONG WAY!! METAPHYSICAL MUSINGS ON THE YOGA–PATENT CONTROVERSY


The latest move by the government of India “to lodge its protest against yoga-related patents issued by the US Patents & Trademarks Office” prompted a number of emails to me this morning. Some even went to extent of suggesting: “Surely, if the government is taking this up, there must be some merit in this case”. If you really want to believe that a naked emperor is adorned with the finest clothes, be my guest!! It’s all a matter of perception…


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Uncategorized

Postscript to A dash of yoga…


Turns out I was wrong and Michael Moore had best pan his camera on this side of the world… Today’s Times of India (Front Page) reads: India to protest grant of yoga patents by US30 May, 2007, Sidhartha/TIMES NEWS NETWORK NEW DELHI: The Indian government has decided to lodge its protest against yoga-related patents issued by the US Patents & Trademarks Office. While the health ministry has decided to take up the issue directly with USPTO, the commerce department is…


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Copyright Patent

A dash of yoga and a whole lot of confusion


The recent spate of posts on the now-dormant-now-alive issue of Bikram Yoga and the copyright battle in the US, especially Shamnad’s piece on the Suketu Mehta op-ed brings a related though slightly tangential issue to mind. One that Shamnad once described as the “doctrinal confusion” issue – albeit in a different context. I’ve seen this repeatedly in the Indian media. A tendency to confuse copyrights and patents and use both interchangeably. And it often does not stop there. It extends…


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Copyright

STRETCHING IP: YOGA, SUKETU MEHTA’s OP-ED AND PROF SAMPAT’S RESPONSE


The controversy surrounding the Yoga guru, Bikram Choudhary and his copyrighting of “hot” yoga poses (perhaps a better term ought to be “sauna yoga”) has reared its ugly head yet again. Talk about ‘stretching” IP!!. Oh well—if a patent can issue on a method of exercising a cat by making it chase a laser beam, what’s wrong with copyrighting a more holistic exercise regimen that does not involve anything as fancy as lasers—and more importantly, one that pertains to human…


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Treading on Traditional Terrain!


With many of us into a well deserved summer break after a sensational quarter of pounding patent action, allow me to lead you on, from the provocative world of patents to the softer subjects of religion and spirituality as they exist within the realm of IP. To keep my mind and body muscle agile through the summer, I am signing up for a yoga class. For those of you who prefer more sedate pastimes I suggest Yoga, Inc, a documentary…


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FISHING FOR TECHNOLOGY….OR VICE VERSA


The Economist carries an interesting piece on how mobile phones have contributed to increased efficiency(and economic returns) to Kerala fishermen. Somewhat off topic, but an interesting read nonetheless.“YOU are a fisherman off the coast of northern Kerala, a region in the south of India. Visiting your usual fishing ground, you bring in an unusually good catch of sardines. That means other fishermen in the area will probably have done well too, so there will be plenty of supply at the…


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Patent

The Bilcare decisions by the Delhi High Court: Preliminary injunctions and the presumption of validity of a ‘new’ patent


Two recent decisions of the Delhi High Court discuss the issue of grant of interim/preliminary injunctions in patent infringement disputes. The cases, M/S Bilcare v. M/S Amartara and M/S Bilcare v. M/s Supreme Industries were both decided on March 20, 2007. The key issues discussed in the decisions are: (1) Whether there is any presumption in favor of the validity of the patent for grant of preliminary/temporary injunction in favor of the patentee?(2) What are the grounds for grant of…


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Patent

KSR VS TELEFLEX AND PFIZER VS APOTEX: IMPLICATIONS FOR NOVARTIS LITIGATION IN INDIA


Its been a while since the Court of Appeals for the Federal Circuit invalidated Pfizer’s patents covering Norvarsc, one of their best selling drugs used by high blood pressure patients. Close on the heels of this important judgment that in some ways endorses a section 3(d) kind of approach (an issue pertinent to the ongoing Novartis litigation), comes another judgment, KSR vs Teleflex, where the United States Supreme Court raises the bar for “non obviousness”.As some of you may know,…


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Uncategorized

INDIAN MUSIC COMPOSERS : "INSPIRATION" OR "COPYING"?


Strangely enough, as Mrinalini has been posting on youtube and copyright issues, I came across these youtube clippings of an interview dealing with the alleged “plagiarism in the Indian music industry”. I’ll briefly describe these interviews, not least because one is not certain when Youtube is likely to be put on notice that these are copyrighted clips. These clips are from an interview that was broadcast on CNBC TV 18 (talk about copyright and youtube!!) by the hard hitter, Karan…


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