First Indian Patent Institute Symposium offered by Franklin Pierce Center for IP

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Interested followers of Spicy IP may be interested in the First Indian Patent Institute Symposium that is going to be offered in Bangalore on August 3-5, 2011, by the Franklin Pierce Center for Intellectual Property located at the University of New Hampshire School of Law. The Franklin Pierce Center for IP offers the most extensive selection of intellectual property courses in USA, exposing students to a wide range of cutting-edge intellectual property issues. As a pioneer in integrating intellectual property […]

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Delhi High Court allows for multiple proceedings before IPAB and High Court on similar points of law

/ By / Patent

In a recent judgment, Justice Ravindra Bhat has rejected an application filed by Dr. Alloy Wobbens seeking either dismissal or a stay of revocation petitions filed, by Enercon India, before the IPAB against certain patents, which are also the subject of counter-claims for revocation before the Delhi High Court. We had earlier blogged about a related petition in the same matter before the Madras High Court over here. Due to terrible drafting of the Patents Act, 1970 it is possible

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Trademark Clearances for Copyright?

/ By / Copyright, Trademark

I’ve always wondered at the logic of a rather bizarre provision under the Indian copyright act. Section 45 relates to artistic works that have the potential to double up as trademarks. It states that prior to registering any of such works under the Copyrights Act, one must obtain a “no-objection” certificate from the Trademarks registry. The section reads as under: “Provided that in respect of an artistic work which is used or is capable of being used in relation to

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Pondering the "Legal" Competence of the IPAB

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In a previous post, I pointed to the rather problematic history of the IPAB, where ILS officials (serving as government secretaries) engineered appointment rules and eligibility criteria to favour their own “future” postings to the Intellectual Property Appellate Board (IPAB). Unfortunately, while many of us in the IP media space have tracked the patent office and exposed its givings and misgivings, lesser attention has been paid to the IPAB. Given that this body plays a critical role in IP adjudication,

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Coming Soon: International Classification of Traditional Medicine by WHO

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The World Health Organisation in its recent press release has said that it will “develop, for the first time, a classification of traditional medicine, paving the way for the objective evaluation of its benefits”; the International Classification of Traditional Medicine project. The purpose of the project is to create an “evidence base for traditional medicine – producing terminologies and classification for diagnoses and interventions”. The project will have an interactive web-based platform allowing users of traditional medicine from all over

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Patentability of method/process claims- Application of recent US case law to the Indian patent act section 3(k)

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In Research Corp. v. Microsoft, the CAFC discussed the application of 35 U.S.C. § 101 to claims pertaining to abstract ideas, including digital image formats and half-toning.  Halftoning is a graphic technique that mimics continuous tone imagery through the use of dots, varying in size, shape or spacing.  Halftoning techniques allow computers to present many shades and color tones with a limited number of pixel colors. Research Corporation Technologies (RCT) owns six (6) patents for digital image halftoning, two of which (5,111,310 & 5,341,228) were invalidated by a

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Radio Broadcasters move transfer petitions before Supreme Court to consolidate appeals in the compulsory licensing dispute

/ By / Copyright

Thanks to Anita Iyer, a Mumbai based music journalist, we have yet another update on the fast evolving dispute between music companies and radio broadcasting companies over the compulsory licensing order of the Copyright Board. Image from here. Apparently the radio broadcasters have moved a transfer petition before the Supreme Court to consolidate all the appeals against the Compulsory Licensing decision, of the Copyright Board, before the Supreme Court. The reason for filing this petition is obviously the fact that

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SpicyIP Jobs: Associate (Patents) for Delhi IP firm

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An IP boutique firm is looking for an Associate (Patents) with excellent communication skills and a technology background in Mechanical Engg/Electronics/Computer Science. The candidate should have some experience in their technology domain or in patents. The firm would be happy to consider even freshers so long as they have good conceptual understanding of their domain, and excellent communication skills. Details as below. — Position Title: Associate (Patents) — (Mechanical Engg/Electronics/Computer Science) Location: New Delhi Roles and Responsibilities: i. Carrying out

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Uncle Sam’s Missive to Mother India: "Fair" Patent Consideration at the IPAB?

/ By / Patent

In a hard hitting front page story, CH Unnikrishnan, a leading IP journalist with the Mint, exposes a questionable letter from the US Commerce Secretary, Gary Locke to his Indian counterpart, Anand Sharma, the Hon’ble Minister of Commerce. For those interested, we’ve just uploaded a copy of this letter on the SpicyIP website. In this letter, dispatched just days prior to Obama’s India visit, the US Secretary attempts, in his official capacity, to advance the corporate commercial (patent) interests of

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U.S. Govt. launches massive operation to seize internet websites that are allegedly violating IPR laws

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In a new unprecedented offensive against intellectual property violations over the internet the United States Government on the 29th of November, 2010 seized over 82 websites, and counting, for allegedly peddling in counterfeit goods which violated trademark and copyright laws of that country. Users trying to access some of these websites such as http://louis-vuitton-outlet-store.com/ were confronted with the insignias of the Department of Justice, the National Intellectual Property Rights Coordination Centre and the ‘Special Agent’ for Homeland Security Investigations’. Apparently

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