SpicyIP Event: India IP & Innovation Forum, 28 Feb 2012, New Delhi

/ By / Copyright, Trademark

By way of a reminder to all those of you interested, James Nurton, the Managing editor of Managing IP sends us a note about the India IP & Innovation Forum. You can also click through the banner on the left column of the blog for more details on this. India IP & Innovation Forum http://www.managingip.com/IndiaIP2012 Regency Hyatt Hotel, New DelhiFebruary 28, 2012 Free for in-house IP counsel, academics and R&D professionals Managing IP’s inaugural India IP & Innovation Forum takes […]

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Recycling bottles and infringing designs

/ By / Uncategorized

The Designs Act, like its IP counterparts, is getting into the business of writs. In an unusual petition decided upon by the Madras High Court earlier this month (which you can read here), the rights of a re-seller/re-cycler of old beer bottles came under scrutiny. The two writs (both on the same issue) were dismissed, and rightly so, for being premature and “vague” petitions. But the outcome is not of as much interest to us as perhaps the subject matter

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The TKDL ‘free access’ agreements with the EPO, JPO & USPTO: Subsidizing foreign patent offices?

/ By / Uncategorized

We recently managed to get our hands on the ‘access agreements’ entered into between CSIR and the EPO, JPO & USPTO for the right to use the Traditional Knowledge Digital Library (TKDL). The access agreements can be accessed over here, here and here. The TKDL is a significant achievement, in that it is has managed to digitize and translate into several languages a vast amount of information pertaining to India’s traditional knowledge. CSIR must receive its due share of credit

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The demand for a ‘flexible complementing scheme’ by the patent office staff

/ By / Uncategorized

One of the long standing demands by the examiners and controllers of the patent office has been for the introduction of the ‘flexible complementing scheme’ (FCS). This demand was reiterated most recently by Dr. Kardam, Deputy Controller of Patents, in his feedback to the DIPP’s discussion paper on the review of the organizational structure of the patent office. The FCS scheme is basically an incentive mechanism which was applied to all scientific and technical staff in the ‘Group A’ cadre

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P-PIL Call for Applications for Student Researchers

/ By / Event

P-PIL invites applications for the post of Student Researchers. For those new to P-PIL, it is an initiative which aims to bridge the vacuum between the legal academia and legal industry and use the synergies to promote causes which are of public interest. In a very short span P-PIL has filed a writ petition challenging the constitutionality of the Intellectual Property Appellate Board before the Madras High Court. In March last year, P-PIL submitted a comprehensive report to the Ministry

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Calcutta High Court orders ISPs to block songs.pk

/ By / Copyright

Nikhil Pahwa of Medianama has recently reported that the Calcutta High Court has passed an ex-parte injunction restraining a number of Internet Service Providers (ISPs) from providing access to http://www.songs.pk, a website which has gained notoriety for providing the latest Bollywood music for free downloading to all visitors. As per Nikhil’s report the lawsuit before the Calcutta High Court has been filed by the Phonographic Performance Ltd. (PPL), Indian Music Industry (IMI) and Sagarika Music Pvt. Ltd. The defendants named

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Revoking patents without ‘evidence’

/ By / Patent

In a decision dated the 24th of November, 2011 the Intellectual Property Appellate Board (IPAB) revoked patent number 193899 bearing title “Process for Preparation of Low Glycemic Sweets”. (This order can be accessed over here) As the title suggests the patent in question was for a process to prepare ‘low-sugar’ sweets for diabetic patients. The revocation petition was a part of a long-standing dispute between the famous Chennai based Adyar Bhavan and the inventors of the impugned patent. The first

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MNC’s Trademark revoked for Non-Use on Indian User’s Application

/ By / Trademark

About a month back, an interesting case of trademark revocation had passed through the Delhi Circuit Bench of the Intellectual Property Appellate Board, to which the Spicy IP team wishes to turn the readers’ attention. Name of the Case: M/s. Pops Food Products (P) Ltd. (Petitioner) vs. M/s. Kellogg Company (Respondent) [TRA/159/2004/TM/DEL] Decided on: January 6, 2012. Facts of the Case: Petitioner is the proprietor of the trademark POPS under Nos. 342674, 342675, 342676 in classes 30, 29 and 30

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No patent for Bristol’s infant formula at the IPO: 4807/CHENP/2006

/ By / Patent

This post illustrates the current patent office view on claim amendments after national phase entry but before examination.  Claim amendments that ensure compliance with jurisdictional norms before the issuance of an office action/FER are not acceptable. Edit: To be clear, no amendment is allowed at the time of filing the application, but amendments are allowed after filing. However, this view (claim amendments that ensure compliance with jurisdictional norms not acceptable before issuance of an office action/FER), in my opinion, is not correct

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More on the nationalization of GIs – Sarkar Raj – Power cannot be given – It has to be taken

/ By / Uncategorized

Continuing from my earlier post on the ‘nationalization’ of G.I. which covered the G.I. applications from 100-200, I’ve now compiled some statistics for the first 100 G.I. applications to have been filed in India. Not surprisingly, 64% of these 100 applications have been filed and subsequently registered in the names of government agencies ranging from the Government of India to the State Government of Tamil Nadu. The entire list can be accessed over here.  A total of 17 G.I.s for

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