Breaking News: Indian IP Tribunal Denies Patent To Novartis’ Glivec

/ By / Patent

The IPAB (Intellectual Property Appellate Board) just ruled that Novartis’s patent application covering Glivec (beta crystalline version of Imatinib Mesylate) is not patentable, since it fails to satisfy the requirements under section 3(d) of the Indian patents act. This section requires that in order to be patentable, a pharmaceutical derivative must demonstrate significantly enhanced “efficacy” over and above the prior known molecule. And more controversially, the IPAB held against the grant of a patent, since Glivec costs Rs 120,000, a […]

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The Purse May not Open for All: NGO’s Advocate Greater Transparency in the Functioning of WHO Expert Working Group on R&D Financing

/ By / Others

In November, 2008, the WHO had established an Expert Working Group on R&D Financing (EWG) for examining the existing financing and coordination of R&D and for reviewing proposals for new and innovative sources of funding to stimulate R&D related to diseases designated Type II and Type III and to identify the specific R&D needs of developing countries in relation to Type I diseases. Consisting of 24 experts and policy makers, the EWG is supposed to submit a final report to

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IPO, are you there?

/ By / Uncategorized

I ran an experiment of sorts yesterday. After having frequently heard officers from the Intellectual Property Office (IPO) and the Department of Industrial Policy and Promotion (DIPP) recommend the “Interactive Guidance” facility offered on their website, I attempted to use the service myself. [On the home page of the IPO, you can spot “Interactive Guidance” under the “Gateways” section in the left frame.] They advertise their service thus: Every working day, one officer is available between 1500 Hrs and 1600

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USIBC and Section 3(d): Incremental Intelligence?

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A recent USIBC report on section 3(d) has caused a great deal of controversy, with public health groups decrying the presence of Commerce Minister, Anand Sharma at the inaugural function announcing this report. Priyanka Gollikeri of DNA has an interesting report documenting this controversy, where she notes: “The US study, a copy of which is with this newspaper, argues that incremental innovations can lead to a decrease in costs and increased access to drugs by reducing overall treatment costs and

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U.K. Court rules that anonymous bloggers cannot hide behind the right to privacy

/ By / Uncategorized

As many of our anonymous cowards, not to forget the FakeIPLplayer, will tell you – anonymity has its own thrills. Unfortunately for some of their anonymous brethren in the United Kingdom a recent decision of the High Court of that country has held that anonymous bloggers cannot restrain another person from stripping them of their cloak of anonymity since blogging is essentially a public activity not covered under the right to privacy. Justice Eady in a short but sensible judgment

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Valgancyclovir Hearings and the Need for More Transparency

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Post grant opposition hearings in the “Valgancyclovir” patent matter were held between 15th June and 18th June, 2009 before Assistant Controller, SP Subramaniam (no, the famous singer with a similar sounding name hasn’t switched professions yet.. this is an altogether different person with more of a scientific than an artistic bent). For those interested in a background to this opposition, see this summary by Lawyers Collective. The parties to the opposition involved Roche (the patentee, represented by Pravin Anand of

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IP Vacancies: Nokia (India) is Hiring Patent Professionals

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Three lucrative positions have opened up with Nokia (India). Since Nokia’s R&D in India has witnessed significant growth in recent years, the company is now seeking patent professionals that can help capture and protect Nokia’s innovation from India. Salaries will be commensurate with the best in the industry. The JD’s are below and the person (s) selected will work out of Bangalore. For those interested in any of these positions, please send your CVs to spicyip[at]gmail.com. PATENT ENGINEER / IPR

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INTA Roundtable on “Trademark Valuation, Portfolio Audits and Due Diligence”

/ By / Uncategorized

In keeping with the increased focus on IP issues, the International Trademark Association (INTA) is conducting two Roundtables on “Trademark Valuation, Portfolio Audits and Due Diligence” during July, in New Delhi and Mumbai. The Roundtables will cover the following issues: How to value a brand Why trademark registrations are an important part of the process. How to conduct a Trademark Audit of existing applications/registrations. The attempt is to provide trademark owners and other interested parties with valuable insight on how

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Ramkumar Patent Saga: Customs Orders Stayed by Madras Court

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In earlier posts, we referred to three customs orders (from Delhi, Chennai and Mumbai) which were adverse to Ramkumar’s patent claim against dual SIM importers such as Samsung and Hansum India. SpicyIP is now given to believe that the orders by the Mumbai and Chennai commissioners were challenged by Ramkumar in a writ petition and have been stayed by the Madras High Court. We’re not sure about the Delhi Customs order and if any of you have information on this,

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Ramkumar Patent Case: New Delhi Customs Favours Samsung

/ By / Uncategorized

Following Mumbai and Chennai, the New Delhi Customs Commissioner too found against Ramkumar in one of the most heated patent disputes this year. In an order dated 8th June, 2009, JP Kundu, Asst Commissioner of Customs found that “From the foregoing facts, it is clear that the claim made by Shri S Ramkumar is vexatious, because the impugned goods are covered by prior art declared by him and are not infringing the patent granted to him. Demurrage and other warehousing

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