‘NO’ to Monsanto: Indian NGO Complains Bio-piracy before the EPO over a Resistant Melon Variety

Indian scientist and environmentalist Dr. Vandana Shiva has joined hands with ‘No Patents on Seeds’ coalition in their opposition to a patent granted by the European Patent Office (EPO) in May last year to Monsanto Invest N.V. over ‘closterovirus-resistant melon plant’. The patent claims a new variety of melon which is resistant to Curcurbit Yellow Stunting Disorder Virus (CYSDV) bred using closterovirus-resistant trait identified in few melons of Indian origin. The Indian variety has long been registered in international seed […]

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The ‘Nationalization’ of Geographical Indications in India

I spent the better part of this morning browsing through the registration details of 100 G.I applications (Applications nos. 100 to 200) at various stages of examination and registration before the G.I.Registry. Of these 100 G.I. Applications, a surprising total of 57 applications, i.e. 57% of the applications, were filed by either the Central Government or a State Government through different authorities, statutory and executive. The list of these applications can be accessed over here and here. I was always

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Official Inquiry into mismanagement of IPRS given a quiet burial

In a reply to an RTI application, the Copyright Office has now informed us that the official inquiry into allegations of mismanagement of IPRS, has been given a quiet burial on account of the pending Copyright (Amendment) Bill, 2010 in the Indian Parliament. I don’t quite understand the link between the pending Bill and the inquiry but as long as the original complainants i.e. M/s Akhtar & Co. aren’t complaining, we can only presume that the matter has been amicably

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Controller’s Decisions: Summary January 2012

This post provides a summary of the Controller’s decisions issued in January 2012.  The general trend of more refusals than allowances continues. I would not take names but some controllers have not given a single allowance since a long time.  And only time would tell whether at least one applicant is able to convince them to take a contrary view and issue an allowance, rules and law permitting.  There are quite a few interesting decisions related to sections 3(k), divisional

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SpicyIP Event: Global Pharma Regulatory Summit India 2012, Mumbai

This event comes specially 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. Please don’t forget to mention that you came via SpicyIP. Event Name: Global Pharma Regulatory Summit India 2012 Dates: 28 Feb – 2 March 2012 [individually bookable days] Venue: Holiday Inn Mumbai International Airport, Mumbai, India URL: http://www.pharmaregulation-india.com Contact Person: Ms Asan Bano Contact Number: +91 (022) 4046 1466 Contact

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Delhi HC on Customs Order restricting the clearance of consignments

The Delhi High Court, in its recent judgment in Kingtech Electronics (India) Pvt. Ltd v. Union of India and Ors, once again stayed the Order of the Commissioner of Customs restricting the clearance of consignments which, as per the latter’s determination allegedly violated the patent rights of Ericsson (Respondent No. 4). In coming to this conclusion, the Delhi High Court relied on the earlier flawed judgment by Justice Manmohan Singh in the LG case which was analysed here. The petitioner,

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Out Now: the MoU between CSIR and IPO

After a few attempts, we have finally laid our hands on that elusive Memorandum of Understanding (MoU) in connection with the outsourcing of prior art searches for the Intellectual Property Office. The MoU was entered into between the Council for Scientific and Industrial Research (CSIR) through its Unit for Research and Development of Industrial Products (URDIP) and the Department of Industrial Policy and Promotion (DIPP) through the Controller General of Patents, Designs and Trade Marks (CGPDTM). (Image from here) The

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India finally publishes a list of International Non-proprietary Names (INNs) for pharma-trademarks!

The Controller General of Patents, Designs and Trade Marks (CGPDTM) has finally published a list of International Non-Proprietary Names (INNs) as declared by the World Health Organization (WHO). The entire list can be accessed over here. Hopefully this publication will be followed up by an official notification, following which Trade Marks Trade Mark Examiners will be mandated to examine pharmaceutical trademarks for any similarities to the INNs published in the list. Any names which are identical to those on the

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

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 Forumwww.managingip.com/IndiaIP2012 Regency Hyatt Hotel, New DelhiFebruary 28, 2012 Free for IP counsel, academics and R&D professionals Managing IP’s inaugural India IP & Innovation Forum takes place in

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Recruitment & Promotions at the Trade Marks Registry

Continuing from my earlier post on the HR Policy at the Patent Office, I will briefly discuss the status of recruitment and promotions at the Trade Marks Registry (TMR). Image from here. The relevant rules for recruitment and promotions at the TMR are called the ‘Trade Marks and Geographical Indications Registry (Registrars and Examiners) Recruitment Rules, 2011. (click here to download these rules) These rules create 6 classes of officers at the Trade Marks Registry:  (i) Senior Joint Registrar of

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