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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Copyright

And the battle continues: Super Cassettes and PPL seek review


Our readers will remember separate posts by both Shamnad and I analysing the May judgment of the Supreme Court in Entertainment Network (India) Limited v. Super Cassettes. The judgment pronounced came after a long history of decisions by the Copyright Board, followed by the Delhi and Mumbai High Courts. For a quick recapitulation, the portion of the judgment most critiqued in essence has allowed for the determination for reasonable royalty, but the grant of an almost “automatic Compulsory License to…


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Drug Regulation Patent

Drug Patent Linkage Controversy: A Middle Path Solution?


The Mint carried an op-ed of mine on the drug-patent linkage controversy. For a good background to this controversy, please see Prashant’s excellent post here. In this editorial, I’ve opined that linking drug approval to patent status is a bad idea. It delays generic entry and also places a huge burden on the drug controller, who does not have institutional competence to look into complex patent issues. Also, the drug controller cannot frame any rules to mandate such linkage under…


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Competition Law Patent

(KEI) Cracking Open Anti-competitive Practices in the Developing World: Complaints, Amendments and Waivers.


In Feb 2007 Knowledge Ecology International (KEI) had brought to the notice of the US Federal Trade Commission the practices of Gilead Sciences Inc. with respect to certain patented drugs used in the treatment of HIV and AIDS of Gilead that they believed was wholly anticompetitive. As Shamnad recently posted, this is with respect to a same drug that is facing pre-grant opposition in India from a Brazillian organisation. The study of these documents made for very interesting reading, one…


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Others

SpicyIP Positions: 3-year PhD Studentship in the History of Public Health in Modern South Asia


SpicyIP announces the invitation of applications by the History Department and the Centre for the History of Medicine at the University of Warwick for a 3-year PhD studentship to investigate an aspect of public health in modern South Asia. The programme, funded by a Wellcome Trust Strategic Award, is slated to start in October 2008 and will be supervised by Dr Sarah Hodges. The successful candidate must hold an MA in the History of Medicine or a related field in…


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Natco vs Pfizer: Joe Mathew Reports on Compulsory Licensing Decision


Two days back, we posted on a patent office decision, upholding the patentees’ right to be heard in the Natco vs Pfizer/Roche Compulsory licensing dispute. Joe C Mathew of the Business Standard carries this succinct write up on the decision. I’ve been quoted in this report as stating that: “”I think Natco’s application itself is a weak one as they did not submit proof to suggest that there is a public health emergency in Nepal due to lack of availability…


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Uncategorized

The Public Funded R & D Bill: Does India need a Bayh-Dole? Part I


Following Shamnad’s comprehensive overview of the Public Funded R & D Bill, I thought it would be relevant to look at some of the history and some of the present… Given the Bill’s nick name: the “Indian Bayh-Dole”, I started with looking at the history of the US Bayh-Dole to determine how well deserved the nick name is. ☺ I plan a series of posts to (a) compare the situation surrounding the passage of the Bayh Dole Act (BDA) in…


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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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