B.Braun and Patent Irregularity: What Lies Beneath?

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The ET reported on the suspension of a patent official for alleged “irregularities”, in the context of a now famous B.Braun patent litigation case. I excerpt the critical portions below: “The government has suspended a senior Chennai patent official and initiated inquiry against another who retired earlier this year, for granting patent in a ‘highly irregular and improper’ way to German medical device maker B Braun. The move follows an investigation by the country’s Controller General of Patents, PH Kurian, […]

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Delhi HC Rules Against Gatorade and Saffola Descriptive Tag-Words

/ By / Trademark

The Delhi High Court has in two recent cases over the past fortnight refused to grant injunctions on substantially descriptive marks, using the decisions as an opportunity to censure such “bad” trademark registrations, and discuss the Indian position on descriptive marks in general. DECISION I: Losorb vs Low Absorb The first of these cases was a refusal to grant an injunction on the use of “Low Absorb” as passing off or infringing the registered trademarks “Losorb” or “Lo-Sorb” in a

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SpicyIP Jobs: Lead IPR Counsel for tech MNC

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A leading technology MNC seeks to bring in an IPR Specialist with 12-15 years experience as Lead IPR Counsel for the organisation. The role will involve managing and securing the organizations worldwide IP assets.A prospective candidate must possess an academic background in engineering and law as well as deep IP industry experience.The profile involves; Providing legal advice and strategic support to the global IPR management system. Extensive knowledge and experience in domestic and international laws relating to Intellectual Property Rights

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Event: Workshop on Commercialisation Aspects of IPR

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We have an interesting event update for the entrepreneurs among you who are in Delhi this month — The folks at the Indian Angel Network Incubator inform us that they are hosting a workshop on the Commercialisation Aspects of IPR in New Delhi on November 27, 2010, details of which are below. I have also uploaded details on the SpicyIP events calendar which you can access here. And of course, if you head over to the event, do mention you

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Right to begin: Madras HC on Bajaj-TVS case

/ By / Patent

Over at the Bajaj-TVS trial, which, yes, is still happening in the city formerly known as Madras, a Division Bench of the High Court has reversed the trial court decision, observing that asking Bajaj to lead evidence first to defend its infringement action against TVS. would be “prejudicial”. In a well-reasoned order discussing the “Right to Begin”, the order, which you can read here, offers a refresher course in principles of civil jurisprudence and evidence law, in context of the

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SpicyIP Tidbit: ACTA Final Text released

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Thanks to Michael Geist’s tweets and IPKat’s quick follow up, we have news that the final text of the controversial ACTA has just been released, though it’s stated as ‘Subject to Legal Review’.The Department of Foreign Affairs and Trade of Australia has helpfully posted a copy of the text here. This post is just to announce it’s release so that our readers too can go over it, before we go over it in more detail.

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Event Reminder : Workshop on Innovation,Creativity and IP Policy at NUJS in association with Max Planck Institute

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Since our last announcement about the NUJS Max Planck IP Workshop, we have added a number of new speakers and moderators which promises to make this dialogue a fabulous one! Please find the new schedule annexed below.  So hurry and shoot an email to me at [email protected] to register. Just 3 more days left! And just in case the registration fee seems to be a problem, do drop in  a line- we will consider waiver in appropriate cases.          INNOVATION,

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Patent Office achieves ‘gold standard’, demands Rs. 104,000 to deliver certified copies of 26 documents!!!!

/ By / Patent

In an absolutely mind-blowing case before Justice Murlidhar of the Delhi High Court a petitioner, presumably a defendant in a patent case, seems to have taken serious objection to the sky-high fees, of Rs 104,000 being charged by the Patent Office for the supply of certified copies of 26 documents of a patent file. Unless the Patent Office is delivering these certified copies on gold-laminated paper, in gold plated envelopes I’m guessing a more reasonable estimate would a 4 digit

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Post grant amendments under the Indian Patent Act

/ By / Patent

In Dupont v Solvay, the Intellectual Property Appellate Board (IPAB) ruled that certain amendments to the specification as proposed by the patentee were acceptable. In this case, the Controller had made a positive recommendation (acceptable) regarding additional material, which the Board took into account while deciding the petition. Brief facts:  An application for Patent was filed on 12.11.1996 by the petitioner (DuPont) for a patent for an invention relating to a “fire extinguishing composition.” The application was granted patent No.

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SpicyIP Tidbit: Proposed ‘Legal Services Board’ to cover even ‘Patent Agents’

/ By / Patent

Sometime last week the Ministry of Law and Justice had released a draft bill entitled “Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010” inviting comments from all interested stakeholders. The Bill proposes to establish a Legal Services Board, a Consumer Panel and an Ombudsman to help regulate not only the legal services sector but also the Bar Councils themselves with the power to even publicly censure

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