Copyright Trademark

Indian Supreme Court on an "IP" Roll: "Scotch" Whisky Denied Protection While Music "Compulsory Licensing" Scope Expanded

As temperatures continue to soar in New Delhi, the Supreme Court of India hands down three IP decisions—and all within a span of a month. Leading one to paradoxically muse in this blisteringly hot month, “When it rains, it really pours!” All three decisions were penned by Justice Sinha, one of the finer Supreme Court judges on the bench today. Constitutional law scholars will remember his landmark judgment in a sex discrimination case, Anuj Garg v. Hotel Association of India….

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Australian Publisher Seeks Writers For "insider" News on Indian Tech Industry

SpicyIP was requested to pass on the following message to the readers of SpicyIP by DJ Varma, an Australia based journalist who publishes Techgoss , a website that reports on the inside stories in the Indian IT, BPO and KPO industry. “Do you know of or are working on interesting legal/IP cases about the IT, BPO, KPO, search engines, social networking sites and other elements of the booming tech sector? Techgoss reports on the inside stories in the IT/BPO and…

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Roche vs Cipla: Was Roche’s Legal Strategy Flawed?

Readers may recollect our earlier post on legal strategy in the context of the famous Novartis (Glivec) patent dispute. I compared the patent strategies of Roche and Novartis and noted: “Compare and contrast Novartis’ aggressive and weakly thought out patent strategy with that of Roche, which has gone on to acquire four patents already. Its patent covering pegylated interferon (Pegasus) has now been challenged in a post grant opposition, but one hardly hears of this in the press. Roche has…

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SpicyIP Tidbit: Orissa follows the G.I trend

The G.I awareness is catching on. The latest to join the fray is the State of Orissa. Efforts are underway to protect the geographical identity and exclusivity of the Mudhi (puffed rice) of Mayurbhanj ; the ‘Moong’ bean of Nayagarh and the ‘Urad’ bean grown in the plateaus of Malkanagiri and Keonjhar districts, crops native to the Orissa state. Intellectually Property Right (IPR) Cell of Orissa University of Agriculture Technology (OUAT) has now decided to to seek Geographical Indications (GI)…

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Drug Regulation

The DCGI is preparing a document to implement the patent-registration linkage system

Readers may remember that SpicyIP had recently carried an extensive post in regards the ‘Patent-Registration’ linkage system that was proposed by the DGCI. reported a couple of days ago that the DCGI is preparing a document outlining a system to implement the linkage system. Once the document is ready the DCGI has promised to make it available to the industry for debate and discussion to ensure that everybody’s interests are protected. The report also informs us that the…

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SpicyIP Tidbits: Sobhraj enforcing his IP rights.

Talking about people who are aware of their IP rights, here is (in)famous Charles Sobhraj is all set to sue filmmaker, Prawaal Raman, who is currently filming a movie titled ‘Charles and I’ based on the convict’s life. He has already sent the filmmaker a notice in this regard. After evading police for several years, Sobhraj is currently serving a sentence of life imprisonment in Nepal for the murder of an American tourist. IBN reports that earlier this week Sobhraj…

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Cannes Controversy

Indian controversies at Cannes seem to be stretching beyond what our celebrities are wearing with Reliance Big Entertainment embroiled in a copyright tussle with Mr. Avinaash Jumani, who handles international sales for the Mumbai-based family film distribution company, WEG India Pictures Pvt Ltd. The Telegraph reports that Mr. Jumaani is threatening to take legal action against Anil Ambani’s group on the grounds that the movie “Waiting for Clinton” (a project he says he has purchased) is on the list of…

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SpicyIp Tidbits: The Big Bazar Battle

There’s a giant tussle on show in India over a small trademark. Mint gives us the lowdown on what looks like it might be a prolonged battle between Kishore Biyani of Pantaloon Retail and Anil Ambani of Reliance ADAG : and all this over the mark ‘Big Bazar.’ An overview: Reliance ADAG applied for the trademark in November 2006, and claims no exclusive right to ‘Big Bazar’, but has registered for ‘Reliance Big Bazar’ as its preferred tag. Ambani’s conglomerate…

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KS Jayaraman on Biotech Patents and the Future of Compulsory Licensing

KS Jayaraman, one of India’s most well known science journalists (now with “Nature”), has written a very interesting piece on biotech patents and the prospects of compulsory licensing in developing countries such as India, Brazil and Thailand. Apart from two minor mistakes (he assumes that Tarceva is a biotech drug; and that “non emergency” compulsory licensing grounds in India came about only after 2005), the piece is a very good read. “Patent Threat in Emerging Economies Shifts to Biotech”“Recently revamped…

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More cooks for the patent office broth

The USPTO seems willing to consider innovative means of reducing administrative problems – they have decided to review suggestions from students of the George Washington University School of Business. In what promises to be an interesting as well as productive endeavour the “winners of the George Washington University (GWU) School of Business 2008 International Business Case Competition met recently with USPTO senior management to present their proposed solutions to the pressing issues of patent pendency and backlog at the USPTO.”…

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