Guest Post: ACTA – A Draft Trade Agreement with a Potential to Create Trade Barriers?

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The Spicy IP team is delighted to bring to the readers a Guest Post by Dr. Henning Große Ruse–Khan, who has kindly agreed to share with us the following comment on the ACTA draft and its potential to mandate trade barriers: After years of secrecy and forced by recent leaks (see here), the negotiating parties to an Anti-Counterfeiting Trade Agreement (ACTA), currently the EU, the US, Japan, Australia, South Korea, Singapore, Morocco, and Switzerland, now have released an ‘official’ draft […]

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Graham Dutfield on Traditional Medicines and Patents – Excerpts from the talk

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We present to you the excerpts from the talk delivered by Prof.Graham Dutfield,Leeds University,UK on traditional medicines and patents.We thank Prajna R.Mahapatra,a third year student of NUJS Kolkata and an enthusiastic member of IPTLS for her painstaking efforts in preparing this note. Our podcast friendly readers (listeners actually) can also access the podcast here. Speaking at the a talk titled “From Traditional Medicines to Modern Drugs: Do Patents Protect Inventions and Promote Piracy?” as a part of the I(P)DEATE Series,

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GWU CII IPR Summit -Controversies galore?

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The recently concluded GW-CII IP Summit  (covered here,here and here) seems to have stirred a Hornet’s nest. On February 26, 2010, several NGOs including Naz Foundation & Center for Internet and Society wrote a letter  to Mr. Anand Sharma, Minister of Commerce and Industry urging immediate preventive actions to stop industry sponsored lobbying with the judges and policymakers. The seven pages long letter highlighted the chief contentious issues with regards to the Summit, esp. pharma cos lobby against patent rejections,

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Copyright Amendment Bill

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For those who’ve been hunting for a copy of the Copyright Amendment Bill without much success, PRS has come to your rescue. You may download the bill from its website. At long last, this “secret” bill surfaces. Is there no way we can ensure that bills are made available for public viewing and consumption earlier? Don’t our constitutionally enshrined “democratic” norms mandate the early public availability of bills?

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Copyright Bill Introduced in Rajya Sabha Today

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The Copyright Amendment Bill was introduced in the Rajya Sabha today. For those of you who wish to track the latest Indian bills, please refer to the excellent PRS website and twitter feed. We’d blogged earlier on some of the problems with this Bill, most notably a flawed “disability” related exception, with various disability groups registering their strong protest recently. They even sent a letter to the Minister for HRD, Kapil Sibal requesting the formation of a sub committee to

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Bayer sues Cipla for infringement of its Nexavar patent – C.S.(O.S.) No. 523 of 2010 before the High Court of Delhi

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Bayer Corporation has recently launched Round II in its ‘epic’ battle against Cipla over the manufacture and sale of its patented drug ‘Nexavar’ (sorafenib), which has been approved to treat kidney and liver cancer. The Bayer has claimed that by launching a generic version of the drug, Cipla has infringed on its Indian patent no. 215758. Unfortunately the IPIRS system on the Patent Office website has failed to display any information on this patent. The first hearing of the present

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Guest post: Lights, Camera, ACTA(ion)

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Continuing from his previous guest post, Amlan Mohanty brings us a follow up post on the ACTA, attempts at harmonization, and using New Zealand’s example to oppose certain measures at the international level. The Anti Counterfeiting Trade Agreement, Country specific responses and Lessons for India In this post, I intend to bring out the overlapping issues with regard to the Anti Counterfeiting Trade Agreement (ACTA), the specific provisions dealing with technological protection measures (TPM’s) and anti-circumvention contained therein, the responses

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To review or not to review: Can the Central Government review the grant of a patent under Section 66 of the Patent Act, 1970?

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Admist the entire controversy of frivolous patents being granted to innovator companies the Controller General of Patents recently made the following statement to the press: “At the present law, there is no provision to review already granted patents by the patent office once the post-grant opposition period (one year after the grant) is over. But it can be revoked by moving the Intellectual Property Appellate Board or courts of law against the wrongly granted patents.Image from here. While this statement

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SpicyIP Tidbits: OPPI responds to the IPA’s claims of frivolous patenting by its member companies

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The Organization of Pharmaceutical Producers of India (OPPI), a consortium of ‘research based’ pharmaceutical companies has finally issued a statement in response to the plans of the Indian Pharmaceutical Alliance (IPA’s) to oppose the grant of several patents to innovator companies. In a statement to PTI, the OPPI President has pointed out that “There are examples wherein Indian pharmaceutical companies are applying for patents based on incremental innovations in third markets like the US and Europe.” Well, in that case

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NUJS IP Podcasts and Presentations

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Thanks to the painstaking work of Sroyon Mukherjee a research associate with the NUJS IP Chair, some of the IP talks held at NUJS are now available for wider public consumption as below: 1. Graham Dutield’s talk on Traditional Medicinal Knowledge. To hear the audio version, please click here. To access his slides, please click here. 2. Meenakshi Chakravorty’s talk on recent trends in US patent law. To hear the audio version, please click here. Apart from this, we’ve also

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