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

/ By / Uncategorized

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

/ By / Patent

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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The National Biodiversity Authority to organize a National Consultation on proposed ‘Benefit Sharing Protocols’ & ‘Traditional Knowledge Rules’

/ By / Biological Diversity

In early February we had carried a post on a public notice put out by the National Biological Authority, inviting comments and pariticipation on the following items: (i)International Regime on Access and Benefit Sharing;(ii)Evolving sui generis system for the protection of Traditional Knowledge; &(iii)Amendments to the Biological Diversity Act, 2002 and Biological Diversity Rules, 2004. The Authority has now completed the process of receiving and collating the various responses that it received from interested stakeholders and academicians. The same have

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Guest Post: The ‘Taxman’ imposes service tax on copyright licensing agreements

/ By / Copyright

In a move that is bound to increase the cost of entertainment, Pranab da ‘Taxman‘ has proceeded to impose service tax on the licensing and assigning of copyright between two parties. Guest blogger, Ayan Roy Chowdhury ([email protected]), brings us an interesting piece on the law and its implications for the entertainment industry. We’ll hopefully bring you more such pieces on the subject of Tax & IP. The ‘Taxman‘ imposes service tax on copyright licensing agreementsbyAyan Roy ChowdhuryThe Union Budget has

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Appropriate Office for Filing Divisional Applications?

/ By / Patent

In a crisp and well-written post, Suchita had blogged on Section 3(d). “Frequently Anon”, a regular reader of the blog, posted a comment lamenting on the practice, of certain entities, of filing divisional applications carved out from a parent application in a patent office different from the one in which the parent was filed. Simply put, if A files a parent application ‘X’ at the Chennai Patent Office, according to my reading of the comment, it seems like Frequently Anon

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Guest Post: EU Court rules in favour of Google

/ By / Trademark

I’m pleased to present to our readers a guest post by Avni Chari, a bright 3rd year student of NALSAR, on the recent judgment of the European Court of Justice in the case of Luois Vutton v. Google. This judgment has wide reaching ramifications for the world of online advertising as also the Google way of life. Sai had previously introduced the judgment over here. EU COURT RULES IN FAVOUR OF GOOGLEAvni S. Chari In a case of French luxury

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Transparent Kurian Illumines Again

/ By / Uncategorized

In a development that has significant ramifications for the improvement of transparency in the Indian patent process, PH Kurian, the Controller General resurrected an old order mandating that all correspondence between a patent applicant and the office (during the course of prosecution) be made available to the public. The order reads thus: “…after the publication of an application for a Patent u/s. ll(A), all the offices shall make available on the request of any person, the application on any form

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Leveraging Oppositions for a "Never Green" Patent System

/ By / Uncategorized

A recent policy paper on section 3(d) by former government official and IP expert, TC James resurrects the issue of the grant of 81 alleged “ever-greened” pharmaceutical patents. This paper was highlighted in several media reports, including one by leading IP reporter, CH Unnikrishnan of Mint. James’ paper poses an effective counter to the piece commissioned by the US India Business Council (USIBC) that effectively advocated the deletion of section 3(d) and I would urge you to read it. The

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1st IJIEL International Student Essay Competition

/ By / Others

Indian Journal of International Economic Law (IJIEL), a prestigious refeered journal of NLSIU proudly present the 1st IJIEL International Student Essay Competition with the objective of providing an impetus to academic writing by students on areas of contemporary interest in International Economic Law. Eligibility:The competition is open to all undergraduate students and above, except doctoral and PhD candidates.Participants must have crossed the age of 18 years as on January 1,2010 but should be below 30 years of age. Co-authored entries(

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BioPiracy in Africa: Take 2?

/ By / Biological Diversity

The Pelargonium Patent case and the ruling that we had blogged about here was hailed as a landmark decision against bio-piracy. It, however, seems to have done little to abate the enthusiasm of companies to set out applying for and sometimes even getting a patents for, what is considered, traditional knowledge of indigenous communities in Africa. Afro-IP, a leading blog on African IP issues, reports on two such controversial grants of patents on the Traditional Knowledge of Tanzania and Kenya,

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