Latha Jishnu on the Mysterious Indian Bayh Dole Bill


Latha Jishnu of the Business World has this wonderful piece on the mysterious “Bayh Dole” style bill. For those wishing to access a copy of this proposed legislation, please see here. Latha ends on a very persuasive note: “What we need is some informed debate on what is India’s best interest at this particular stage instead of going for a wholesale import of an American system that could prove ineffectual. Otherwise, we could be headed for a nuclear deal in…


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Copyright

SpicyIP:Internet Copyright Treaty for India


The Internet Copyright Treaties refers to the two treaties adopted at a diplomatic conference in Geneva in 1966.This includes the (a) the WIPO Copyright Treaty(WCT) and the WIPO performance and Phonograms Treaty(WPPT) that came in to force on the 20th of May 2002. The WCT protects authors, composers and creators of literature, art, films,software, music and creators of such creative works;The WPPT protects performers and producers of phonograms i.e. Music CD’s,cassettes and other sound recordings. About 70 odd countries are…


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Position for a Trademark Lawyer


Opportunity to pursue a ‘Career in Intellectual Property’. There is an opening for a Trademark Lawyer in a Chennai based IP consultancy firm.The firm is situated in an up market location in the heart ofChennai, with congenial working environment, providing greatopportunity to play a vital role in this boutique firm. “Legal 500” theworld’s leading guide to the legal profession lists the Patent andTrademark practices as one of the top 6 in India ( the only firmfrom South India in this…


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The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry?


DNA carried an op-ed of mine on the Daichi-Ranbaxy take-over and the implications for the future of IP. I reproduce this article below. The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry? (* Legend has it that the Hindu God Shiva appeared in a half male-half female form before Brahma, the creator god to demonstrate the concept of duality. This “dual” form of Lord Shiva is referred to as “Ardhnarishwar”) Generics are generics And innovators are innovators…


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SpicyIP Tidbits: DTSi Patent Row Goes Royal


Nearly five months after the grant of injunction against TVS Motors for prima facie infringement of Bajaj’s patent on dual-spark ignition technology, here comes another row involving Bajaj Auto limited and Eicher Motors, which owns Royal Enfield. According to India e-news: “Bajaj said it was studying if Royal Enfield’s Thunderbird Twin spark 350cc bike violated their patent on the twin-spark technology. It said if Enfield was found to have violated the patent, the company would take the matter to court.”…


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Copyright Trademark

‘Sweat of the Brow’ may be of the Past: Reckeweg v. Adven Biotech


On July 1st, 2008, the Delhi High Court through Justice Ravindra Bhat delivered (once again) a fabulous judgment, clarifying the standard to be adopted by Courts in deciding grant of injunctions in trademark infringement and copyright subsistence in a work. Briefly, the facts of the case are as follows. The Plaintiff, Reckeweg, is a German based homeopathic company and claim to specialize in the ‘R-Series’ line manufactured globally by them and in sold in India since 1980. “The letter “R”…


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Rescuing celebrity domain names


A couple of months ago Kapil Dev, at the inauguration of the .Asia domain name, was quoted as saying as “Yes, I lost out on securing KapilDev.com and KapilDev.in for myself”. We were quite outraged by this sorry state of affairs and decided to explore the legal options available to this ace cricketer. Before actually going into the law we randomly investigated the ownership of a couple of celebrity websites such as www.amitabhbachchan.net, www.vluvshahrukh.com & www.diyamirza.org. All three sites have…


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Patent

Patented.. Music?


Music therapy – an increasingly more accepted health care profession that progresses on the basis of belief that musical notes can affect the brain in such a way that certain physical, mental and emotional conditions of people can be addressed. The power of music isn’t new to India. While stories like those of Tansen controlling the elements with his music have lined Indian history, current music therapists are approaching this interdisciplinary field in a more scientific manner.What makes this even…


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SpicyIP Tidbits: Cipla Takes On Roche Again!


CH Unni and Bhuma Srivastava of the Mint report as below: Cipla, Roche may now spar over ValcyteNew Delhi / Mumbai: Mumbai-based Cipla Ltd is looking to launch a cheaper copycat version of Valcyte,a patented drug from the stable of Swiss firm F Hoffman-La Roche Ltd, a move that will likely intensify the fight between the two companies which are already battling it out in the Delhi high court over Cipla’s launch of another patented Roche drug, Tarceva. “The company…


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Patent

SpicyIP: An IP exchange in India


Sensex wary investors may soon have a new asset class to augment their financial returns.The concept of trading in IPRs and leveraging arbitrage opportunities is fast gaining ground in India.IP can create value including cash in a number of ways.It, can be bought, sold, licensed ,contributed as capital in a joint venture,offered to enter in to a strategic alliance,can be integrated with a new business or applied to create a new one,and as much used as a collateral when it…


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