SPICY COMMENTS


We’re starting a new section, where we intend to pick up interesting comments by readers and post them on the blog. As many of you know, you can comment on any one of our posts by visiting the blog and clicking on the “comments” tab at the end of each post. Anyway, of the recent posts, we found the following to be the most interesting (“spicy”): 1. Shamnad’s post on JC Bose and his aversion to Patenting: Prof Rajesh Kochhar…


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Patent

SECTION 3(d) AND "EFFICACY": MORE CASES


1. Novartis abandons patent application in India: The business standard thinks that this could be prompted by fears of a Glivec type rejection and reports that: “Swiss pharma major Novartis has chosen not to pursue the patent application for its AIDS drug Atazanavir in India after the patent was declared “abandoned” even as it continues to fight for the licence rights of its cancer drug Glivec in the Indian patent office.” 2. Eli Lilly loses patent over osteoporosis drug: CH…


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Uncategorized

Clash over spark plugs!


Type rest of the post here The scuffle that has arisen between Bajaj Auto and TVS Motors is slated to be one the most attention-grabbing patent claim disputes on technological inventions in the Indian automobile industry. Digital Twin Spark ignition technology (“DTSi”) which is best associated with Pulsar has been patented in India by Bajaj Auto in July 2005 (Patent No. 195904). Bajaj Auto is also expecting international patent for its spark plugs based on the DTSi technology in various…


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Patent

Spicyip Tidbits


1. WTO to investigate U.S complaint against Chinese subsidies Bloomberg Reports The World Trade Organization agreed to probe a complaint by the U.S. and Mexico alleging that China illegally subsidizes domestic industries through tax reductions, the largest trade case yet against the Chinese government In March, the U.S. and the European Union filed a WTO complaint against China alleging that China uses unfair tariffs to block imports of U.S.-made auto parts. That case is being litigated by WTO arbiters in…


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Patent

NOVARTIS PATENT SAGA: FLAWED STRATEGY


There are valuable lessons that patent professionals can learn from the Novartis (Glivec) Patent Saga. The Hindu Business Line carried an interview with me in this regard. For those interested, please click here. I also attach the note that I passed on to them below: “Recently, in a legal dispute involving the patentability of Novartis’s famed anticancer drug, Gleevec, the Madras High Court ruled that section 3(d) of the Indian Patents Act was constitutional. It also ruled that it did…


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Uncategorized

Delhi High Court ruling on Early Neutral Evaluation


On 6th August, 2007, Hon’ble Mr. Justice Sanjay Kishan Kaul of High Court of Delhi passed an order which has taken the recent trend in the Delhi High Court of encouraging ADR in intellectual property disputes forward by leap and bounds. The order was passed in the case of Bawa Masala Company vs. Bawa Masala Company Pvt. Ltd. (OS No.139 of 2002). The matter had earlier been referred for mediation as there were a number of interlinked disputes pending before…


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Uncategorized

Living in Glass Houses and Throwing Stones: Who cares about piracy?


I came across a recent article on India’s attempt to step up the fight against piracy. Articles on piracy or efforts to curb it are certainly not rare. I’ve personally heard it being debated and discussed ad nauseum at numerous public and private fora. This time though, it stirred a little bit more interest in me than before. Admittedly, one of the reasons for this might be that I’ve been reading the book “Hot Property” by Pat Choate. The book…


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Spicyip tidbits


1. The Assam Govt to seek GI rights for Eri, Komal,Chau Pursuant to the G.I registration of Muga in Assam, the G.I momentum is agthering pace in the State. Recall spicyip tidbit news feed Registration of the geographical indication (GI) rights of Muga has ostensibly created a lot of passion in the State of Assam. Chief Minister Tarun Gogoi today announced at a function that the State Government would try also to protect the interests of the growers of Eri,Komal,Cchaul,…


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Patent

NOVARTIS AND THE "C" WORD: FLAWED PATENT STRATEGY


A couple of more news reports have emerged on the threat by Novartis to move its investments to China, in the wake of the Glivec patent litigation. In an earlier post, SpicyIP had noted: “Evoking the name of China is a clever move and one aimed at jolting our Ministers and bureaucrats into action. I couldn’t help being amused at the paradox though. China’s IP regime being lauded by an MNC?? The sun must have risen in the West today!!…


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Counterfeiting Claims and Taming the Dragon!


Not Exactly short on trivia, but what is the national animal of China? Is it the dragon or the monkey or are they waiting to make a clone to appoint as one? If the economic culture is anything to go by then my answer would be’Monkey’ in the buzzer round! Recall the parable of the hat maker and the monkey, who tricked the monkey into returning his stolen hats by getting the monkey to ‘copy his act’. ‘Copying’ and Couterfeiting…


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