Others

Challenging Software and Business Method Patents in India


Readers will recollect that SpicyIP reported on a “computer implemented” business method patent filed by the Center for Good Governance (CGG), a government undertaking based out of Hyderabad. For those that may not have time to click on the link above, here is the abstract of the application: “A web-based legal case status management system for tracking, updating and retrieving case-related information and method thereof. A single server configured to house a data repository server in communication with a plurality…


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Trademark

SpicyIP Comments: Trademark Controversies


This week has an abundance of trademark related comments–a very welcome change for our patent heavy blog…. 1. Shwetashree’s post on a recent order by the Delhi High Court upholding Colgate’s trade dress rights: Gaurav Miglani, who represents Ajanta (the defendant who had been injuncted by the court) objected to the post on the following lines: “I was just reading an old news blog of June 5, 07 and and saw ‘In teeth of the issue’ – Ajanta being restrained…


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Patent

Patent Databases in India


A new blog on patent information provides the following details on existing patent databases in India. “Indian patent office provides the bibliographic information freely, but charge for full text. Indian patents can be search in following databases: Ekaswa- A Database: Patent applications filed in India as published in the issues of the Gazette of India (Part III, Section 2) from January 1995 to December 2004. Ekaswa-B Database: Patent applications notified for opposition in the Gazette of lndia (Part III, Section…


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Competition Law

Competition Bill in India: The nexus with IP


At long last!! After being stuck for some years, the Competition Bill is finally passed by the Lok Sabha (lower house of Parliament in India) . It has yet to clear the Rajya Sabha (upper house) and signed by the President before it becomes law. SpicyIP carried some interesting posts on the Iphone (thanks to Aysha) where we highlighted some of the possible ways in which the competition authority in India might intervene to correct IP abuses in India. The…


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Copyright

THE PIRACY PARADOX: "FASHIONABLE" IP


Mrinalini’s post spurred an interesting discussion on piracy and whether it was a plain “evil”, a “necessary evil” or perhaps a “necessary angel”. A recent scholarly article by Professors Rausiala and Springman point out to the “angelic” qualities of “piracy” and proves that it may indeed prove more a boon than a bane in certain industries. Interestingly titled the “piracy paradox”, the abstract is as below: The orthodox justification for intellectual property is utilitarian. Advocates for strong IP rights argue…


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Trademark

The ‘TIGER’ of Britannia


The last couple of months have been quite exciting for SpicyIP. From patent disputes (Novartis & Bajaj – TVS) to copyright disputes (Sholay) to trademark disputes (Sholay again) we’ve experienced the ‘holy trinity’ of intellectual property laws. This however seems to be only the beginning of an IP conscious India. The latest high profile dispute to go to court is the Britannia – Danone Dispute over Britannia’s trademark ‘Tiger’; probably one of the first disputes where the tables have been…


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Indian Pharmaceutical Lifecycle Management – an oxymoron?


India’s section 3(d) poses some interesting problems for innovator companies seeking to get the best return on investment in India (read ‘longest period of monopoly’). Is that the end of the story for Lifecycle Management in India, though? First up – for those who think that “Lifecycle Management” is a dirty word (phrase), consider (a) the number of ‘innovators’ with generic subsidiaries, or who have entered authorised generic deals, and (b) the enormous and successful new chemical entity programs by…


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Patent

Peer to Patent Project: Democratising Patent Review


Calling for a ‘Vox Populi’ on the review of Patent applications, a pilot project , the ‘Peer to Patent Project’ has been launched by Beth Noveck of the New York Law School Institute of Information Law and Policy. Structured on the lines of a deliberative internet based model that encourages community participation in the review of patent applications, it paves the way for a paradigm shift from the traditional process of patent application review and grant. Excerpts from the article…


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Price Controls in India: Emerging Dichotomy between Consumers Groups and Domestic Industry


The ET reports on the recent opposition of the pharmaceutical industry to price controls: “Pharma industry on Wednesday opposed a move to tighten controls on drug pricing at a meeting of a Group of Ministers, even as Chemicals Minister Ram Vilas Paswan maintained his stand for expanding the list of essential medicines to be regulated. “My ministry is in favour of strengthening National Pharmaceutical Pricing Authority (NPPA) so that prices of essential medicines remain under check,” Paswan reporters after the…


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