SpicyIP Announcements: Socio-Legal Review Essay Competition

/ By / Event

The Socio-Legal Review, the student edited peer reviewed journal of the National Law School of India University, Bangalore is holding the 2nd Annual SLR Essay Competition. Students from law schools and other undergraduate courses in India and around the world can participate and submit their essays on the topics mentioned below. 1. Emergent Civil Society: Redefining or negating participative democracy? 2. Rule of Law in Fledgling Societies: Is parliamentary democracy still the best solution? Discuss and highlight possible alternatives in light of the […]

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Mayo v. Prometheus: Natural law ++ Significant application ~ Patent

/ By / Drug Regulation, Patent

The United States (US) Supreme Court recently invalidated an extremely broad patent, allowed by the Federal Circuit (CAFC), covering a method for determining the proper dose of a drug used to treat autoimmune disorders.  We had previously, in a guest post by Sooraj Abraham, briefly discussed about the case, Mayo Medical  Labs. v. Prometheus Labs., Inc.  This post provides a briefly discusses the judgment   in Mayo, and its implications upon Indian patent law.   In Mayo, a unanimous Court held that

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Guest Post: Madras High Court overrules IPAB on ‘Rhizome Imperial Gold’

/ By / Trademark

Arun C. Mohan, a practising IP lawyer before the Madras High Court has sent us this interesting post regarding the mark ‘Rhizome’s Imperial Gold’ which was under litigation before the IPAB and subsequently the Madras High Court. This is yet another judgement in the long-running litigation in India between Rhizome and Pernod Richard S.A over the mark ‘Imperial’ in various permutations and combinations. Arun adds the disclaimer that his firm represented Pernod Richard S.A. in this matter Madras High Court

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Incentivising Diseases?

/ By / Innovation

Image from here In the recent post on India’s first post TRIPS era compulsory license, a comment by Hersh Sewek brought up a very relevant question of how, if at all, this affects the innovation eco-system in India. Shamnad pointed out that very few papers have been written about the effects of such licenses on incentives to innovate. Indeed, there’s little concrete information on the amount of incentives required to bring about an increase in innovation. Let’s zoom out of

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Guest Post: The Traditional Knowledge Digital Library and the EPO

/ By / Uncategorized

Tufty the Cat, who is qualified as a U.K. and European patent attorney and who maintains a blog by the same name, accessible over here has written for us this interesting guest post on the veracity of the several claims made by TKDL. Tufty had earlier left a comment on one of my posts questioning the veracity of TKDL’s claim of foiling an European patent application for certain properties pertaining to milk. Subsequent to that comment, I invited Tufty to

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SpicyIP Tidbits: Iranian Pop Band threatens to sue producers, music directors and distributors of ‘Agent Vinod’ for copyright infringement

/ By / Copyright

A PTI report in DNA has reported that an Iranian band, by the name ‘Barobax Corp’, an underground Iranian Pop band, has served a legal notice on music director Pritam Chakraborthy who has composed the ‘Pyaar Ki Pungi’ song for Saif Ali Khan’s home production – ‘Agent Vinod’, which is due for a world wide release this Friday. The notice has also allegedly been served on the producers, director and Super Cassettes which owns the music rights. Reportedly, the legal

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Anti-piracy movement in India gains heat: Cause for concern or justified response?

/ By / Copyright

Unsatisfied with the court order it recently obtained from the Calcutta High Court, granting an ex-parte injunction against the website http://www.songs.pk, the Indian Music Industry (‘IMI’) has gone all out against more than a hundred websites alleged to have been indulging in piracy of Bollywood music tracks. In this post, I intend to examine the current state of anti-piracy movement in India and what the future holds for us in India on this issue, so pardon the long post.  Method

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Some interesting facts about the Indo-E.U. dispute over the seizure of ‘in-transit’ pharmaceuticals

/ By / Uncategorized

It has been almost two years since India filed a complaint against the E.U., with the WTO, regarding the seizure of pharmaceutical consignments that were transiting through the ports at E.U. India was joined by Brazil and other countries in that dispute against E.U. After a year of several flip-flops, India-E.U. had finally agreed to an ‘interim settlement’ in July, 2011 whereby the E.U. agreed that mere transit of pharmaceutical drugs would not constituted patent infringement unless there was a

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Guest Post: Can civil courts appoint technical experts in software piracy suits?

/ By / Uncategorized

Microsoft Corporation has recently started filing law-suits for copyright infringement before the Madras High Court. This is probably the first time that Microsoft has moved out of its traditional haunt which is the Delhi High Court. The modus operandi, which we have discussed in previous posts over here and here appears to remain the same. It remains to be seen whether the Madras High Court repeats the errors of the Delhi High Court. However the focus of this guest post by

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DHC brings down the viva-voce cut off marks for patent agent exam

/ By / Patent

In a recent decision, (Ms. Anvita Singh v. Union of India and Another) the Delhi High Court (DHC), has directed the Patent Office to register a candidate as a patent agent who had passed the the written portion but failed in the viva-voce.  In particular, the DHC has struck down the rule prescribing minimum 50 per cent marks in the viva-voce part of the patent agent examination.  The patent office may now give less weightage to the viva voce examination by prescribing

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