As part of its efforts to celebrate the 60th anniversary of India’s independence, DNA requested me to write an article on India and intellectual property. For those interested, it can be found here. I’ve also copied it below. I’ve advocated in this article that the Novartis patent case be permitted to run its course and the matter decided on merits by the IPAB/courts, so that we get some guidance on how “efficacy” is to be interpreted. This seems a particularly…

SPICYIP TIDBITS

by Aysha Shaukat August 24, 2007

Leave a Comment

1.Muga Recognised as Assams’Original Yarn A Report from the Assam Tribune After a long wait, Assam’s luminous golden muga silk has now secured the recognition under the Intellectual Property Rights that it has its origin in Assam only. In the changed trade and commercial scenario under the World Trade Organisation (WTO) regime, this recognition called Geographical Indications (GI) — will definitely provide better legal protection to this golden yarn, its fabric and the people connected with their production. The certificate…

Uncategorized

Lessons to be learnt from License to remake My Cousin Vinny

by Mrinalini Kochupillai August 23, 2007

Leave a Comment

Funny how the Indian Entertainment Industry seems somewhat schizophrenic at times! Readers might recall that in my last post on the Urmi Juvekar copyright infringement case, I had said it is strange that the courts seem to have found a concept to be copyrightable. I also opined that the copyright laws don’t seem to warrant such a decision even though equity would certainly call for it. A recent newspaper report might actually strengthen the argument in favor of Ms. Juvekar’s…

Patent

YOGA PATENT CONTROVERSY: RIP…

by Shamnad Basheer August 20, 2007

3 Comments

Thankfully, the government is now well advised (by the Indian embassy in the US), that there is no cause for concern on the Yoga patent front–particularly since there are no patents on Yoga asanas. Readers will recollect that SpicyIP has been reiterating this point and cautioning against the media hype generated in the wake of Suketu Mehta’s NY Times editorial. Interested readers can click on a label titled “Yoga” on the left hand side of the SpicyIP homepage. Sandeep Joshi…

Bilateral Buzz on IPRs’

by Aysha Shaukat August 19, 2007

Leave a Comment

A fortnight of hectic parlays on trade negotiations where key accords where signed and strategic understandings arrived at . Swiss Fondue and fine Basmati do not a meal together make’, but yes, the Indian bilateral menu has been served with a generous serving of Swiss and Pakistani fare comprising of key IPR issues. India and Switzerland on Tuesday signed a memorandum of understanding (MoU) on safeguarding intellectual property rights (IPRs). The agreement envisages setting up of a joint committee to…

SPICYIP TIDBITS

by Shamnad Basheer August 16, 2007

Leave a Comment

1. Asia Pacific Countries wish to copy Section 3(d) The ET reports: “More than 10 countries in the Asia-Pacific region are planning to adopt the much-debated provision which makes it difficult for drug makers to get patent protection for anything less than breakthroughs in pharmaceutical research. The provision describes what sort of pharmaceutical substance is worthy of a patent. The idea is to prevent companies from blocking the entry of cheaper rival products by passing off old medicines in new…

Uncategorized

Genetic Patent – Law & Strategy by Dr. Kalyan

by Adarsh August 16, 2007

1 Comment

Biotechnology is one areas of technology that has influenced patent law like no other. It poses several challenging questions for patent jurisprudence: What ought to be the optimal patentability requirements for micro-organisms and genetic inventions? Do such inventions satisfy the requirements of novelty, non obviousness and utility? More importantly do they pose ethical and moral issues? Dr. Kalyan, in his book titled Genetic Patent – Law & Strategy, endeavours to address the aforesaid issues in a comprehensive manner, with particular…

SPICY TIDBITS

by Shamnad Basheer August 16, 2007

Leave a Comment

Starting today, we’re beginning a new section titled “Spicy Tidbits” that will bring you short announcements of leading news in the world of IP and innovation law/policy, in so far as they have some relevance for India. 1. The US moves ahead with its WTO complaint against China, asking for the establishment of a panel. The International Herald Tribune reports: “The Bush administration has asked the World Trade Organization to rule in a complaint against China over the piracy of…

Competition Law

THE RESURGENCE OF PRICE CONTROLS IN INDIA

by Shamnad Basheer August 15, 2007

9 Comments

In an earlier blog posting, I’d noted: “…pharmaceutical patents are not “bad” per se, as some of the statements in the press would have us believe—rather, as with most other things in life, they are susceptible to “abuse”. In this regard, it is important to strike a distinction between the grant of a patent and the regulation of its “use”. Our fears of a prospective abuse of a patent and excessively high prices should not cause us to deny patent…

Patent

THE NOVARTIS PATENT DISPUTE: OF "SPINS" AND EMPTY RHETORIC

by Shamnad Basheer August 11, 2007

11 Comments

A couple of days back, in a legal dispute involving the patentability of Novartis’s famed anticancer drug, Gleevec, the Madras High Court ruled that section 3(d) of the Indian Patents Act was constitutional. It also held that it lacked jurisdiction to rule on whether or not section 3(d) contravened TRIPS–and that the appropriate forum to adjudicate this issue was the WTO. I’d hinted at the excessive spin on this judgment by interested stakeholders in an earlier blog posting. Let me…