Breaking news: IPO releases revised manual of patent practice & procedure

The Indian Patent Office (IPO) recently released a draft Manual of Patent Practice and Procedure (MPPP).  The draft manual can be seen here.  The MPPP is a codification of the general rules as applicable to the IPO.  The Manual is divided into 21 chapters and 3 schedules which represent areas subject to regulation by the IPO. The Manual provides to the Applicants and the Examiner alike, an easy read of the procedure at the patent office.  As compared to the […]

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Patenting Lal dant manjan

The Association of Manufacturers of Ayurvedic Medicines (Amam), which represents 200 companies including Dabur, Himalaya, Hamdard and Baidyanath, has accused the American personal care giant, Colgate, for patenting red dental herbifice or Lal dant manjan, as it is familiar to us. Economic Times reports that the association sought governmental intervention for revoking the US patent and initiating necessary measures wherever Colgate has applied or been granted patent. The issue acquires significance in the light of growing concerns pertaining to biopiracy

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Brin Panna Goes to Court- II

For those who came in late, here’s the story thus far. Before we continue with the story, I would strongly recommend reading Prashant’s brilliant post on the fundamentals of Indian patent litigation. The Story… ….And so Brin Panna, after having earned his patent on “Spin-ster” technology (which still cannot be presumed valid under Indian law) now finds himself knocking the doors of the High Court of Bhagyanagar in the year 2012, to seek remedy against infringement of his patent by

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A round up of international events

Access and Benefit Sharing Protocol adopted at Nagoya.  Readers may remember our post recently on the COP 10 of the Convention of Bio-Diversity that was held at Nagoya, Japan. 18 years of negotiation on the treaty finally concluded with the adoption of the Access and Benefit Sharing Protocol, (Nagoya Protocol) on the 30th of October, 2010. The protocol, as the name suggests, has the aim of preventing misappropriation of genetic resources of countries, as well as providing equitable benefit sharing

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Delhi High Court orders the release of seized ‘Ferrero Rocher’ lookalikes

Justice Ravinder Bhat of the Delhi High Court in an order dated 29th October, 2010 (click here for the order) ordered the partial release & de-sealing of a consignment of confectionary which had earlier been seized by a Court appointed Commissioner on the grounds that they, prima facie, infringed the trademark rights of the Plaintiff company – the famous Ferrero, manufacturers of ‘Ferrero Rocher’ and ‘Nutella’ – and also on the grounds of ‘public interest’ i.e. there was a reasonable

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Updates : Lawaaris-Housefull Controversy- Cal HC says Saregama has the right to grant license!

Earlier this year, I had covered the interim Order passed by the Cal HC in the Lawaaris-Housefull controversy. Readers may remember that CJ Mohit Shah had opined that since the ramification of interpreting complex questions of law will be on the entire film industry, a detailed hearing can take place only after the vacations and had listed the matter on June 21, 2010. As per the information received from the insiders, the CJ had later released the matter from his

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SpicyIP Tidbit: Tamil Writer Claims ‘Enthiran’ as Stolen Story of His Tale

Tamil writer Aroor Tamilnadan, whose pen name is Amudha Tamilnadan claims copyright Just weeks after superstar Rajinikanths latest blockbuster ‘Enthiran (Robot)’ hit screens worldwide. The writer lodged a complaint with the Chennai Police Commissioner that ‘Enthiran’ is based on the short story written by him under the title ‘Jughiba’, published in a Tamil magazine ‘Iniya Udhayam’ in 1996, and again in ‘Dhik Dhik Deepika’ magazine in 2007. According to him, Director and producer of “Enthiran” stole the uncooked story from

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Mother Dairy Brand not to be used by Private Company: says Delhi High Court

A few months have passed since the Delhi High Court had passed judgment in a case that promised to be quite a landmark in the so-called ‘White Revolution’ in India. Pronounced on August 25, 2010, this matter, titled Mother Dairy Fruits & Vegetables Pvt. Ltd. & Another v. M/S Maa Baishnavi Enterprises & Others [I.A. 280/2009, 8864/2009 and 8865/2009 in CS(OS) 41/2009], was decided by Justice Ravindra Bhat, a well-known name in the Delhi High Court IP decisions. The plaintiffs

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Spicy IP Tidbit: WIPO launches new Database for profiling IP case Studies

About a month ago, WIPO had added yet another new entrant to its growing count of databases facilitated to promote and enrich overall development and experience of IP throughout the world. Named IP Advantage, this database seeks to profile and showcase the IP-related experiences of inventors, entrepreneurs, and researchers. The broader purpose behind such an initiative is promote a better understanding of the manner of creation and protection of different types of IP as also the modes in which individual

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SpicyIP Guest Post: High Level Committee recommends a ‘three-strike policy’ and other measures to curb piracy

Thanks to Sai Vinod Nayani, our serial guest blogger, we have this very interesting post on a recent report by a High Level Committee on Piracy. Apparently this committee has recommended that India adopt a ‘three-strike’ policy to curb internet piracy. Readers who have a copy of the report are requested to please pass on a copy to us. Measures to Tame the Pirate Mafia: RECOMMENDATIONS OF THE COMMITTEE ON PIRACY by Sai Vinod Nayani The high profile committee set

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