A look at The Draft National Pharmaceuticals Policy, 2011

/ By / Uncategorized

This post gives an insight into the Draft National Pharmaceuticals Policy released last month. The policy’s objective is: to put in place a regulatory framework for pricing of drugs so as to ensure availability of essential medicines at reasonable prices while providing opportunity for innovation and competition. The 2011 policy follows two failed attempts (2002 and 2006) to replace the 1994 policy currently still in place. Main Features of the Policy Prices would be regulated based on essentiality of drugs […]

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Innovation in the first class: Virgin v. Jet/Contour

/ By / Innovation, Patent

Sumathi had recently discussed the Virgin Airways case and had very neatly summarized the proceedings at the Chennai patent office.  This post analyzes the decision in further detail, and provides key claim construction issues and drafting style pointers as discussed in the decision.  My take on the “concept level rethink” issue is that the inventor had approached the problem of providing best possible seating arrangement in a constrained space by changing both the seat (first opposition) and the arrangement (second

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SpicyIP Events: Pharma IPR India 2012, Mumbai, 31 Jan – 2 Feb 2012

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For the Pharma enthusiasts amongst you, SpicyIP wishes to inform readers of the upcoming Pharma IPR India 2012, an event for managing IPR and driving global market entry strategy by analysing latest reforms, patentability and techno-legal intricacies in the pharma and biopharma industry. The organisers of the event inform us that you will get an early bird discount upon registering with them before 9 December 2011. The organisers also send us the following details about the event: DATES: 31 Jan:

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‘Chennai Live’ 104.8 calls PPL’s bluff on U.S. Sound Recordings – Finally!

/ By / Copyright

We recently received information that Muthoot Broadcasting Pvt. Ltd., which owns the English music radio station – ‘Chennai Live’ 104.8, had moved the Copyright Board back in April of this year, questioning the right of PPL to collect royalties, for the public performance of U.S. sound recordings. ‘Chennai Live’ is being represented by Advocate Prathiba Singh who was one of the main attorneys for the radio stations in the mega-compulsory licencing dispute which was decided by the Copyright Board in

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SpicyIP Announcements: NLSIR Public Law Symposium on "Adjudication of Socio-Economic Rights by the Indian Supreme Court"

/ By / Event

SpicyIP is pleased to announce that the National Law School of India Review, the flagship journal of National Law School of India University, Bangalore will be organising the first NLSIR Public Law Symposium to be held on 10 December, 2011 at the National Law School campus. The theme of the symposium is “Adjudication of Socio-Economic Rights by the Indian Supreme Court“, an issue which has seen significant legal developments in the recent past. The symposium will be attended by renowned legal luminaries including Justice

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Copyright Board crippled due to lack of quorum – APAA moves Delhi High Court

/ By / Copyright

The Central Government has created yet another head-banging situation for lawyers appearing before the Copyright Board. The latest cause for this being the adjournment of the Copyright Board due to lack of quorum!   Image from here. The Copyright Board which was scheduled to hear matters on the 15th of November, 2011 was unable to do so because of the lack of quorum. As per the law, the Copyright Board requires three members to be sitting on the bench in

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"Concept level rethinking" helps Virgin survive pre-grant from Jet

/ By / Patent

In a matter closely tracked by patent attorneys and the aviation sector for some years now, the Chennai Patent Office last week finally issued its decision on the opposition filed by Jet Airways and the UK-based Contour Airspace Ltd in favour of the patent applicant, i.e., Virgin Atlantic Airways. You can download and read the 128-page decision here. This case, as you will gather, involves a complex series of events, including the filing of two oppositions, and a parallel re-examination

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The bruising battle over the ‘Orchid’ trademark: From Bombay to Chennai

/ By / Trademark

The hospitality services sector in India has always had its fair share of IP litigation. One of the more recent and most interesting cases revolves around the ‘Orchid’ trademark which is being litigated before no less than 3 forums – the Bombay High Court, the Intellectual Property Appellate Board (IPAB) and the Registrar of Trademarks at Chennai. (Image from here) The litigation before all three forums were initiated by the Mumbai based, Kamat Hotels (India) Ltd. (KHI) against the Bangalore

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Patent strategy: Filing a provisional patent application (specification)

/ By / Innovation, Patent

Inventors often have many questions related to patent filing and some general ideas about patenting.  But the question that I am asked many times is about the procedure, costs and how/where to start.  I usually advise inventors to go for  provisional patent application (called as a provisional specification in India) first.  This post provides a basic overview of provisional applications, and lists out the pros and the cons.  It would be beneficial to inventors who are looking forward to take their

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"Creation of the WTO" videos

/ By / Uncategorized

A very interesting set of video interviews with many of the people involved in and during the birth of the WTO have been compiled and put on a youtube channel available here. Prof Gabrielle Marceau initiated this project. As described on the channel, “This project began as a tribute to Ambassador Paul Trân Van Thinh on the occasion of his 80th birthday. We set out to retrace, through interviews with friends and colleagues, Paul Trân’s exceptional journey. Paul Trân, who

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