CSIR Tempers Patent Aggression

/ By / Patent

This piece is slightly dated, but an interesting one nonetheless. Soma Das of the FE highlights CSIR’s changing patent culture from that of an aggressive patent filer to a more temperate and selective one. However, the numbers don’t really add up and there are some inconsistencies. While CSIR claims to have adopted such a temperate stance since 2007, its foreign filings went up in 2009, relative to its filings in 2008. The numbers for total foreign filings in each of […]

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Rethinking Intellectual Property Rights Workshop at CIPRS

/ By / Copyright

SpicyIP is pleased to announce an exciting opportunity for students interested in IP to participate in the first annual workshop on Rethinking Intellectual Property Rights, organised by the Inter-University Centre for IPR studies in association with the HRD Chair on IPR, Cochin University of Science and Technology, from March 10-12, 2011 . The theme for this year’s workshop is ‘Indian Copyright Law: A Social Perspective‘. The workshop has been organised keeping in mind the impending Copyright (Amendment) Act, 2010, with

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Patentability of traditional knowledge-capsicum this time

/ By / Uncategorized

The USPTO had introduced an information sharing program with the Government of India designed to prevent the improper patenting of traditional knowledge.  The information being shared expanded the class of publications under 35 U.S.C. §§ 102(a)-(b), commonly used to deny a patent to an applicant. The Traditional Knowledge Digital Library (TKDL) has been made accessible to the Examiners at the USPTO and as such the Examiners can reference and cite the TKDL information in an office action. It seems that

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Reciprocal Recordings: Copyright Charity Must End at Home

/ By / Copyright

In our submissions to the Parliamentary Standing Committee (tasked with examining the recent copyright amendment bill), we argued strongly in favour of strengthening our “reciprocity” provisions, an aspect first brought to light on this blog by Nikhil Krishnamurthy. The committee either missed the point altogether or refused to take note of it, as it does not find any mention in their otherwise sophisticated report. Barking dogs may never bite, but when peeved, they tend to bark a bit louder. And

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EU-India closer to FTA-hampered public health regime?

/ By / Data Exclusivity

Draft IP chapter made available The chapter on IP in the draft EU-India FTA has been made publicly available for the first time. As Malini Aisola has pointed out in her blogpost at CIS, the draft shows India’s rebuff of EU’s stand on several key IP provisions. There is a copy of the draft available here for those interested. [CIS-India has also helpfully compiled a chart comparing the language put forth by India and that put forward by EU, available here]. There seems

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Legalsutra is here!

/ By / Uncategorized

Legalsutra is yet another wonderful effort from Mr. Arjun Sheoran of the Lawkhoj fame. Congratulations Mr. Sheoran! Let’s hear what Arjun has to say about Legalsutra: ” Legalsutra, a non profit – non commercial venture, is a free legal knowledge and document repository. The repository not only includes variety of academic papers/projects but also archives moot memorials and class notes, which otherwise go waste and unacknowledged. In order to encourage academic writing and interaction amongst law students pan India, Legalsutra  

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IPTO notifies the 3rd draft patent amendment rules, 2010

/ By / Uncategorized

The Indian Patent and Trademark Office (IPTO) today notified the 3rd draft patent amendment rules, 2010.The notification can be seen here (warning: file size is large ~5MB). A few major highlights from the draft rules are:Our IPTO becomes an International Preliminary Examination Authority (IPEA) and International Search Authority (ISA) upon publication of the rules in the Official Gazette.  IPTO’s Delhi office will perform the function of the IPEA.  The rules also define a specific section relating to the format of applications to

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IPAB knocks down 12 patents of Dr. Alloy Wobbens; Major victory for Enercon India

/ By / Patent

Over the last few months we have carried a few posts on a massive patent battle between Enercon India and its JV partner Enercon GmBH, one of the largest players in the wind-turbine market. The genesis of the dispute has been discussed by us over here. All the Enercon GmBh patents are held in the name of Dr. Alloy Wobbens the founder and CEO of Enercon GmBH. Image from here. Enercon India had challenged 23 patents belonging to Dr. Alloy

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Delhi High Court orders the Secretary, DIPP to investigate missing files in the Trade Mark Office

/ By / Trademark

Thanks to Devanshu Jain, a practising advocate, we have news of yet another petition before Justice Murlidhar of the Delhi High Court regarding missing files at the Intellectual Property Office of the Government of India. The petition (W.P. 12505 of 2009), filed by Haldiram Pvt. Ltd., requested the Delhi High Court to issue orders to the Trade Mark Registry to allow for inspection of a particular trademark file which was under litigation. The petitioner was joined by other parties who

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