SpicyIP Tidbits: Patents, TKDL and our ‘holy cows’

/ By / Uncategorized

Kounteya Sinha of the Times of India has recently reported on yet another success story of the Traditional Knowledge Digital Library (TKDL). I’m a little amused at the title though, which claims that ‘India foils Swiss MNC’s bio-piracy bid’. The patent application in question, which was filed by Nestec S.A. before the European Patent Office (EPO) was for the use of ‘cow-milk’ as a laxative in the treatment of constipation. How is this ‘bio-piracy’? Nestec probably used milk from Swiss […]

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The rage against the Karnataka State Bio-Diversity Board: too much rhetoric?

/ By / Biological Diversity

In a scathing press release, published about a month ago, the Environmental Support Group (ESG), a Bangalore based NGO, has slammed the decision of the Karnataka State Biodiversity Board to not prosecute Monsanto’s Indian subsidiary, Mahyco for alleged bio-piracy of a certain variety of brinjal which was used to create the genetically modified and hugely controversial Bt-Brinjal. Image from here. ESG had alleged, last year, that Mahyco and its collaborators had accessed the genetic material without the requisite permissions under

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Software patentability, section 3(k) and recent controller decisions at the IPO-Part 2/2

/ By / Uncategorized

In continuation of our previous post on section 3(k), this part discusses the other two section 3(k) cases.  For ease of readability, the entire post was carved in two separate parts.  Part 2 of 2 follows: Warning: Long post:     Before analyzing each decision, section (k) of our patent act is reproduced (with added emphasis) for ready reference. “3. What are not inventions: The following are not inventions within the meaning of this Act, — …(k)              a mathematicalor business method or

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Software patentability, section 3(k) and recent controller decisions at the IPO-Part 1/2

/ By / Uncategorized

In a recent post, we had provided a list of decisions issued by the Controller, at our patent office (“IPO”).  A few of those decisions related to Section 3(k).  This post analyzes those two 3(k) decisions, and one 3(k) recent decision, issued late February at the IPO.  In addition, this post provides a list of Controller’s decisions issued in the month of February 2012.  The 3(k) decisions have been highlighted separately in the table below.  In two of the cases (January), the Controller got it

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Guest Post: Mayo v Prometheus-a critique

/ By / Patent

We are pleased to bring to our readers another guest piece by Sooraj K. Abraham, on the learning of the Mayo v. Prometheus case. The post is a critique of the oral arguments in the ongoing case of Mayo v. Prometheus in the Supreme Court of the United States. The author seeks to analyze the dynamic approach with which the Judges are in the process of tackling the concept of preemption with regard to patenting of life science inventions.  Warning: Long post follows.

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Guest Post: ‘Highbrowed’ v. ‘Zippy’ Journalism – The Case of the Hindu and the Times of India

/ By / Comparative Advertising

Spicy IP brings for its readers the following guest post on the recent controversial comparative advertising campaign that has been going on between two of the leading national dailies. The post has been authored by Shatarupa Choudhury, a 5th year student pursuing her B.A.L.L.B. degree from the National University of Juridical Sciences, Kolkata (who can be reached at [email protected]). A tug of war between two giants of the print media sector is on. The Times of India came up with

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National Science Day – The good and bad of Indian policy initiatives for scientific research and innovation

/ By / Innovation

The 28th of February is celebrated as ‘National Science Day’ in India, in memory of C.V. Raman who was responsible for the discovery of what was later known as the ‘Raman Effect’. Raman was the first Indian and also the first ‘non-white’ to be awarded a Nobel Prize in Physics, in 1930. Given the significance of this day, it makes sense to review the policy initiatives to put India back on the research track. Image of C.V.Raman from here.  In

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SpicyIP Event: Global Pharma Regulatory Summit India 2012, Mumbai

/ By / Drug Regulation

This is a gentle reminder for those of you interested in pharma regulation, from the same folks who organised the Pharma IPR Summit recently. The organisers send us the following details. You can also click through on the banner on the left for further details. —-Event Name: Global Pharma Regulatory Summit India 2012Dates: 28 Feb – 2 March 2012 [individually bookable days]Venue: Holiday Inn Mumbai International AirporMumbai, IndiaURL: http://www.pharmaregulation-india.comContact Person: Ms Asan BanoContact Number: +91 (022) 4046 1466Contact Email: [email protected]

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Guest Post: Is There Knowledge

/ By / Copyright

We are pleased to bring to our readers a guest piece by Sooraj K Abraham, on the standard of ‘knowledge’ in copyright infringement cases online. In this piece he suggests an alternate system to screen content for infringements. While I do not find his pre-publishing screening suggestion to be a practical one, given that roughly 48 hours of video are uploaded to sites like Youtube every minute, it is an issue worth examining with the recent takedown of Megaupload, a

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Nothing Gold Can Stay: End of the Kurian Era

/ By / Uncategorized

Nature’s first green is gold, Her hardest hue to hold.Her early leaf’s a flower;But only so an hour.Then leaf subsides to leaf.So Eden sank to grief,So dawn goes down to day.Nothing gold can stay. Thus spoke the poetic Frost, more than a century ago. Today, this sentiment rings true for many of us in the IP community saddened by the premature departure of an exceptional IP leader, PH Kurian. Controller General PH Kurian (christened “bullet” Kurian by this blog owing

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