SpicyIP Tidbit: Trends in Indian patent litigation


A Supreme Court judge, Justice Altamas Kabir at the inauguration of the Judges’ Round Table on Intellectual Property Rights Adjudication organised by the Tamil Nadu State Judicial Academy and Federation of Indian Chambers of Commerce and Industry (FICCI) was quoted as saying “Intellectual Property rights is not a new concept, its age old one but still there is not much awareness among advocates and common public”. It is indeed refreshing to hear a Supreme Court judge admit that the concept…


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Geographical Indications in India: Playing the Numbers Game


In yet another instance of gross misreporting, G Srinivasan mis-states in the Hindu Business line that: “After five years of the enactment of the Geographic Indications of Goods (Registration and Protection) Act that came into effect from September 2003, only nine products have been accorded the Geographical Indicator (GI) status while another two are due to get the status from the Registrar of GIs in India.” Since the numbers seemed horrendously low and contradicted innumerable earlier reports on this theme,…


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Copyright

Copyright societies dealt a severe blow by the Delhi High Court


The Delhi High Court has recently passed judgment in the case of M/s Phonographic Performance Ltd. v. M/s Hotel Gold Regency & Othrs (MANU/DE/0942/2008) making life supremely complicated for both copyright owners and copyright societies alike. As most of our readers must already know copyright societies in their capacity as licensees usually institute copyright infringement suits in their names on behalf of all their members who are the actual copyright owners. This judgment however put an end to this practice…


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Copyright

Hunting the Pirates: The Guruji and BharatStudent amongst others to be caught in recent T-Series Rampage


An Indian music giant is out to hunt pirates. And how! Instituting copyright infringement proceedings against YouTube & Yahoo! for copyright infringement was only the beginning of the T-Series in court. As reported by the Economic Times, the company has also confirmed to notices issued to websites, including MSN, MySpace, Guruji.com and Bharatstudent.com. [Read Spicy posts on the Youtube and T-Series case here and here. Read also, Sumathi’s post on the rumoured out of court settlement, which T-Series has denied…


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SpicyIP: And the Minister has his say on Keralas’IPR Policy


At the inaugural of the Two-day National Seminar on “Intellectual Property Rights” jointly organized by Kerala State Council for Science, Technology & Environment, Patent Office Chennai and National Institute of Intellectual Property Management, Nagpur, the Law Minister Mr. M. Vijay Kumar declared that the State is going ahead with making a legislation for “Traditional Knowledge Protection” as committed in the “IPR Policy of Kerala”.Keralas’ so called ‘IPR policy’ has come under much flak for stepping on the Centres’ mandate and…


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Uncategorized

Promoting IP Protection: DIT scheme for SMEs and Technology Start Ups


In a previous post, we raised the issue of whether India needs a Bayh Dole Act (at this stage). We also briefly looked at the current “environment” in India with regards patenting (as of 2003, India had only around 10,000 patents in force). The question we raised therefore was: shouldnt India first focus on creating an environment where institutions and individuals actually consider it a priority to protect their IP? I set out therefore to look at the various “incentives”…


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NPP may finally come into being.


The long pending National Pharmaceutical Policy, 2006 (NPP) seems like it may finally see the light of day some time in September this year according to Sharad Pawar. Sharad Pawar, the head of the 7 ministers that formed the Group of Ministers (GoM) that was constituted to rethink the policy after it was announced earlier in 2007, announced that it was in its final stages and would be ready within 2-3 months. The NPP was first proposed as far back…


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Copyright

Spicy IP Tidbit: Hollywood strikes back… the wrong way


After hearing of scores of instances of Hollywood movies / soundtracks being copied in Bollywood, here comes a rare instance of a Hollywood movie lifting a part of it’s soundtrack from Bollywood. A Hollywood Sci-Fi Cloverfield has used Pankhida Oh Pankhida, a Gujarati garba originally penned by Vijaya Herma about 25 years ago, as part of its soundtrack. For the purposes of the film, Lekha Ratnakumar had created his own version of the song and was credited with it in…


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Crafting the National IP Policy: Will the Tiger learn from the Dragon?


Remember the last time you were in the electronics shop and decided to buy the cheaper Chinese rip off instead? Well IP and business journals across the globe have been reporting for the last month or so about the revamped Chinese IP policy that hopes to forget the days of pirated goods in the hidden pages of Chinese history. The effort to enforce Intellectual Property laws in a far more efficient and manner better aligned to international (especially American laws)…


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Patent

Patent Examiner Blooper: The Times Group Issues a Clarification


In an earlier post, we bought to your notice a rather interesting comment allegedly made by an Indian patent office examiner. Resonating with the US sub solar approach on patentability (ushered in through Diamond vs Chakraborty), this examiner apparently stated that ““Anything and everything on this earth is patentable provided it is novel, inventive and industry applicable.” We received a number of comments to this post, some of them very angry and quite evidently from folks that work at the…


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