NBA and MoEF’s (non)working un-CAGed

/ By / Biological Diversity

The National Biodiversity Authority (NBA), established for the regulation, conservation and sustainable use of natural resources has recently come under the scanner for its failure in notifying important regulations dealing with access to biodiversity, transfer of results of research and intellectual property rights, even though it was set up back in 2003. The castigating report, was brought out by the Comptroller of Auditor General (CAG) as part of its first audit report of the MoEF. (The NBA is under the administrative […]

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IMPRS-CI invites Applications for Doctoral Programme

/ By / Uncategorized

Image taken from here Interested readers of Spicy IP may be pleased to know that the International Max Planck Research School for Competition and Innovation – Legal and Economic Determinants (IMPRS-CI) has announced the opening of applications for its fourth intake. Based in Munich, Germany, IMPRS-CI is a Research School and doctoral programme jointly offered by the Max Planck Institute for Intellectual Property and Competition Law, the Department of Economics, the Munich School of Management and the Faculty of Law

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Guest Post: Exciting Innovations from the Second Annual i3 Awards

/ By / Innovation

Image taken from hereAlvina Lopez, a writer on topics relating to accredited online schools, brings forth the following tid-bit post for the readers of Spicy IP: The India Innovation Initiative (i3) Awards ceremony took place last week for the second year in a row, showcasing the remarkable diverse range of cutting-edge technologies developed by students and working scientists alike. Presented at the IIT-Delhi campus, the awards were given out to 50 outstanding innovations out of over 900 entries. The first

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Madras High Court ‘stays’ the ‘Compulsory Licensing Order’ of the Copyright Board against SIMCA & Super Audio

/ By / Copyright

The Madras High Court today, followed in the footsteps of the Delhi High Court by passing an interim stay on the the Copyright Board compulsory licensing order with respect to the South Indian Music Companies Association (SIMCA) and Super Audio a member company of PPL. We had earlier reported on how the radio stations had initially created an issue of whether or not SIMCA had the standing to file an appeal against the Order of the Copyright Board. Apparently the

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Getting "Technical" at the IPAB: Parmar vs Rengaswamy

/ By / Uncategorized

A little birdie informs me that the government will soon be filling up the “technical member” slot at the Intellectual Property Appellate Board (IPAB). And that the key contenders to this prized position are two Controllers who now work at the Indian Patent Office, namely DPS Parmar and V Rengaswamy. Rengaswamy decided the patentability of the Novartis “Glivec” patent application at the first instance. We wish them the very best of luck in this coveted battle. And hope that our

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Delhi High Court Rules on Copyright Dispute Between Heavy Vehicle Manufacturers

/ By / Copyright

In a brief but interesting order Justice Ravindra Bhat of the Delhi High Court has vacated a year old ex-parte interim injunction in a copyright infringement suit filed by ‘Babbar Wreckers’ against Ashok Leyland and its allied companies allowing them to continue manufacturing the heavy vehicles that are required to be supplied to the Ministry of Defence as part of a government contract. The order can be accessed here. (i) Facts: The Plaintiffs had collaborated with Defendant No.1 – Leyland

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Justice Ravindra Bhat frames ‘issues’ in Nexavar patent infringement dispute before the Delhi High Court;

/ By / Uncategorized

As reported by us earlier Justice Ravindra Bhat of the Delhi High Court has managed to convince both Bayer and Cipla to expedite the Nexaver patent infringement suit directly to trial without hearing arguments on the interim injunction application. On the last date of hearing i.e. 16th November, 2010 the Court framed the ‘issues’ to be decided during the trial. In order to put things in perspective I should point out that in the normal course of events it would

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Delhi High Court rules on ‘Horlicks’ v. ‘Complan’ Ad-Campaign – ‘Ad-gurus’ gone wild

/ By / Comparative Advertising

In a recent judgment Justice Ravindra Bhat of the Delhi High Court has passed interim orders in longstanding litigation between Glaxo Smithkline & Horlicks on one hand and Heinz, the manufacturers of Complan, on the other hand. This particular ad-war took a rather ugly turn with the competitors calling each others product ‘cheap’. Hopefully Justice Bhat’s lucid order should clarify the law to the advertising community and prevent the needless recurrence of such long-winded, expensive litigation which seems to be

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Breaking News: Supreme Court dismisses (Bayer) Patent Linkage Appeal

/ By / Uncategorized

This afternoon, a Supreme Court bench consisting of Justices Aftab Alam and RM Lodha dismissed the Special Leave Petition (SLP) filed by Bayer in the patent linkage matter. It’s a huge surprise that this matter reached the Supreme Court at all, when the point of law (whether or not Indian law permits patent linkage) seemed as crystal clear as Swarovski’s elegant offerings. Indian law simply does not permit patent linkage i.e. the DCGI does not have the legal or institutional

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Policy on open standards for e-governance released

/ By / Uncategorized

India’s Department of IT (DIT) recently finalized its policy on open standards for e-Governance. A write-up about a draft version of the policy and related discussion can be read here.  The final version of the policy adopts a single and Royalty-Free (RF) Open Standard.  The standard can be retrieved from: http://egovstandards.gov.in/  In our discussion of the draft policy, we had focussed on two key provisions of the draft policy as being of interest to patent practitioners-(i) whether the standard would be

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