SpicyIP Announcements: Call for Papers – National Law School of India University

  The National Law School of India Review is now accepting submissions for its upcoming issue – Volume 25(1). The National Law School of India Review (NLSIR) is the flagship law journal of the National Law School of India University, Bangalore, India. The NLSIR is a bi-annual, student edited, peer-reviewed law journal providing incisive legal scholarship on issues that are at the forefront of contemporary legal discourse. Over the last 20 years, the NLSIR has regularly featured articles authored by judges of […]

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Yet another problematic acronym – the IPAA

ACTA, SOPA, PIPA, CISPA, COICA, even TPP… and now IPAA. And that is without considering the various bilateral treaty negotiations (CETA being the newest one to hit the headlines). If there were points in life for trying to maximise IP regimes, it seems certain Hollywood lobbyists (and others) would be getting top scores. (For fun, try to read that top line out loud as fast as you can) While the EU is trying to push ACTA provisions in the backdoor (after rejecting it in

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WIPO: Third party submissions in the PATENTSCOPE search system

In what would probably be music to the ears of the Indian generic industry, WIPO under the PCT system now allows for third party submissions to be made for a published PCT application, similar to our pre-grant opposition system.     Because the PCT system follows strict time schedules for sending in submissions, it is suggested that those who may be interested in making such submissions should monitor the WIPO database regularly to identify applications of interest as early as

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SpicyIP Event: Conference on “Managing Innovations and Successful Commercialisation of IP Assets

Federation of Indian Chambers of Commerce & Industry (FICCI) in association with World Intellectual Property Organization (WIPO) & National Bar Association of India (NBAI) is organizing a Conference on “Managing Innovations and Successful Commercialisation of Intellectual Property (IP) Assets”, at Hotel Lalit, Mumbai on 24-25th July 2012. The conference will have discussion on best strategies to leverage IP among the (large, medium and small) businesses in India. The conference will enable IP thought-leaders to focus on key elements to boost and manage innovations, strategies to

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Tata Chemicals wins patent revocation battle against HUL’s water purifier patent before IPAB

In a recent order, dated 12 June, 2012 (available over here), the Intellectual Property Appellate Board (IPAB), acting on a petition filed by Tata Chemicals, has revoked Indian Patent No. 195937 granted to Hindustan Unilever Ltd. (HUL) on the 26th of August, 2005 for the invention of a ‘filter cartridge’ that is used in HUL’s Pureit brand of water-filtration devices.  While Tata Chemicals was represented Senior Advocate P.S. Raman who was briefed by Essenese Obhan, Managing Partner of the promising

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Kerala Government to set up India’s first IPR Academy

Kerala’s Finance Minister, K. M. Mani on Tuesday announced the setting up of an IPR Academy in the state. The government also earmarked funds for the academy in the previous budget, recalled the Minister. This announcement comes within a week after Business Line criticized the government for the delay in constituting the academy. The idea of this first-of-its-kind academy in India for protection of IPR surfaced four years ago in Governor, Mr. R. L. Bhatia’s speech before the House on

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Removal of AYUR from trademark registry

The Intellectual Property Appellate Board (“IPAB”) affirmed the removal of the mark “AYUR” while deciding on an appeal against the impugned Order of the Registry granting registration for the trade mark “AYURTHEERAM” in favour of respondent (M/s. Alex Resorts and Hotels Pvt. Ltd)  for the services “Ayurveda Hospital and Resorts” (included in class 42) subject to confining the services in the States of Kerala and Karnataka. [The Order is available here.] The respondent claimed before the Registry to be the

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June 2012: Controller’s decisions at the IPO

June was yet another sizzling month at the Controller’s offices!  A highlight about this month is that out of the 140 decisions issued, 75 applications were granted. For 38 decisions, there was no file that was uploaded.  These decisions may be uploaded later on.  An interesting statistic that results from this month’s available decisions, is that approximately 75% of the cases were granted.  The decisions may be seen either at the patent office site individually, or here. APPLICATION  APPLICANT Decision/Issue CONTROLLER

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Exit ACTA, Enter TPP

Image from here “A secretive, multi-national trade agreement that threatens to impose restrictive intellectual property laws all over the globe”- sounds like ACTA, right? And ACTA effectively died a few days ago when the European parliament clearly rejected it, so there should be nothing to worry about.  Unfortunately, that quoted line is not about ACTA but rather describes the Trans-Pacific Partnership Agreement (TPP). It’s however more expansive than ACTA and potentially far more destructive. Here’s a brief update about it: 

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ACTA Rejected: The Fight For Internet Freedom Tastes Success – India to follow?

Protests work. There’ no doubt in my mind any more. The tossing out of SOPA after a huge wave of protests could have been a fluke event. But with the European Parliament rejecting the Anti-Counterfeiting Trade Agreement (ACTA) as well, on the back of both online and offline protests, one begins to realise the influence of people’s participation in the deliberative process and its influence in putting a stop to overbearing intellectual property laws. And with India facing a similar

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