Mysterious Indian "Bayh Dole" Bill: SpicyIP Procures a Copy


In earlier posts, we tracked a “secret” Bayh Dole like bill that was being floated amongst the various Indian ministries. We’ve finally laid our hands on this bill and are pasting it below this post. Also, we intend to port this blog to a website soon and bring you a number of IP documents–so as to make this hub a comprehensive one for all things relating to Indian IP. As many of you may know, this blog is a “voluntary”…


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Drug Regulation

SpicyIP Tidbit: The National Biotechnology Regulatory Authority Bill


The Department of Biotechnology, Ministry of Science & Technology, Government of India has finally announced a draft National Biotechnology Regulatory Authority Bill (NBRA). Unfortunately the link to the draft Bill on the website of the DBT is not working currently. The NBRA has been in offing for the last 5 years i.e. ever since the government had constituted the Taskforce on Application of Agricultural Biotechnology under the chairmanship of Dr. M.S.Swaminathan. The report had urged the government to setup an…


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Patent

Cipla and Section 3(d): Double Faced Standards?


Varun Chhonkar has this great post at Patent Circle, where he highlights two critical Indian patents that Cipla received for a Fosamax derivative (alendronate) and a Nexium derivative (esomeprazole). He questions as to whether the section 3(d) hurdle was as rigorously applied to Cipla, as it is to the various MNC’s, who have, in the recent past, been at the receiving end of this potent section. The Economic Times seems to have picked up in Varun’s post here. Reading the…


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Patent

Kerala’s IP Policy: Innovative But Deeply Flawed


The Indian Express carried an op-ed by me highlighting the fact that although Kerala’s “open source” TK policy is “innovative”, it is deeply flawed. I reproduce the article below: Break with tradition Kerala recently unveiled a rather unconventional ‘traditional knowledge’ policy — set to be one of the few such legislations in the world. Essentially, it seeks to regulate ‘traditional knowledge’ within the state of Kerala — by inter alia providing for some form of ‘property rights’ over this body…


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Patent

Everything under the "Indian" Sun is Patentable: A Case of Brainwashing?


From the comments of a patent examiner speaking at a conference in Delhi recently, it appears that this is indeed the case. Clearly, some of us who thought otherwise need to brush up on our basics of Indian patent law. The Economic Times reports on a patent conference in Delhi recently stating that: “….in yet another step to prove its commitment to entrepreneurial facilitation, Amity Innovation Incubator (AII), organised a day long seminar on “Protecting Intellectual Property Rights,” last week,…


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The Draft Manual of the Patent Office & Software Patents


The Business Standard recently carried a story on software patents or to be more specific the response by some companies to the question of software patents as deal with by the Patent Office’s Draft Manual on Patent Practice and Procedure which was released earlier this year for comments and suggestions. (The comments received from various stake holders has been posted by the Patent Office on its website and can be accessed here) Legality of the Draft Manual released by the…


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Patent

Natco’s Doha CL Application: Patent Office Rules in Favour of Pfizer


SpicyIP just learnt that the patent office issued a decision in the Natco “Doha style” compulsory licensing application yesterday. See here for a background to this dispute. In short, the dispute revolves around a “Doha style” compulsory licensing application filed by Natco who argued that in view of a public health problem in Nepal, it ought to be granted a compulsory license to export generic copies of Pfizer’s patented anti cancer drug, Sutent (and Roche’s patented drug, Tarceva) to Nepal….


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Uncategorized

SpicyIP Tidbit: ‘Outlook’ carries a story on the proposed Indian Bayh Dole Bill


The Outlook a leading weekly news magazine has recently carried a story on SpicyIP’s pet subject – the Public Funded R&D Projects (Protection of Intellectual Property) Bill also known as the Bayh Dole Act of India. As our readers must already be aware several media outlets had already picked up this story from SpicyIP and several of these reports have agreed with SpicyIP’s contention that the Bill is being introduced without enough consultation and debate. The Bill essentially allows universities…


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Patent

A "Synthetic" Judgment


Infringement and invalidation of patents is now money for old rope and people who know the ropes can make a killing. For those who are yet to learn the ropes of the subtle art of a calculated infringement, walking a tightrope is the safest option lest they end on the ropes. A “knotty” case from the Gujarat High Court involving a patent on gabions with synthetic ropes could probably show us the ropes of a near-successful infringement-and-invalidation bid. I call…


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Uncategorized

Kerala’s IP Policy: A Way out of the Constitutional Conundrum


In our last post on this issue, we examined the various constitutional hurdles to Kerala’s proposed IP policy. In short, Kerala may not have “constitutional competence” to enact this legislation, owing to it being a subject matter under the exclusive domain of the Parliament/Central Government. I’ve now reviewed the various lists (Union, State and Concurrent) again and throw up a couple of thoughts on how Kerala may wriggle out of this conundrum. Firstly, the State list (List 2) speaks about…


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