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

/ By / Biological Diversity, Plant Variety Protection

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

/ By / Uncategorized

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

/ By / Copyright

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

/ By / Patent

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

/ By / Drug Regulation

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

/ By / Uncategorized

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

/ By / Uncategorized

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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