Copyright in Chess: IP going a bit too far?

Duncan Bucknell (IP ThinkTank)’s Global Week in Review recently highlighted this post on the IP Factor blog which raises some rather entertaining questions pertaining to copyrights. Apparently, the Bulgarian Chess Federation banned ChessBase, among the world’s best chess websites, from broadcasting a game live, citing copyright infringement… Essentially, as games from top tournaments are played, several websites broadcast the moves – either on an online chessboard, or in written form (for instance, 1. e4 e5. 2. Nf3 Nc6 – the […]

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Foreign Intellectual Property: Narrowing the effect of Tyburn’s case

A previous post discussed the issue of whether (as a matter of private international law) a domestic Court could hear matters connected to the protection of foreign intellectual property rights. A recent decision of Mann J. in the High Court (Chancery Division) – Lucasfilm v. Ainsworth, [2009] F.S.R. 2 – appears to have held that it can. I had mentioned that the decision in Tyburn’s case held that domestic Courts do not have jurisdiction over claims related to foreign intellectual

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PHARMA LOBBY WANTS A PROBE INTO DELAYED ORDERS

Mint recently reported that the Indian Pharmaceutical Alliance (IPA) sent a letter [on 17 March 2009] to P.H. Kurian [Controller General of Patents, Designs and Trademarks], T.C. James [Director, Department of Industrial Policies and Promotion] and the Union Government Body that oversees the country’s patent enforcement regulations, asking for a probe be conducted to examine the delay in deciding patent opposition cases. The alliance, which represents India’s top pharmaceutical companies, including Ranbaxy Laboratories Ltd, Dr Reddys Laboratories Ltd and Sun

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The Ramkumar Dual SIM Patent Case: A Declaratory Suit?

Pursuant to our last post on this theme, SpicyIP just heard that Micromax, a dual SIM cell phone importer filed a declaratory suit for non infringement before a court in Gurgaon (very close to New Delhi and part of the NCR region). This suit asks the court to declare that Micromax’s imports of dual SIM phones do not infringe Ramkumar’s patent, since they are outside the scope of the claims in his patent. Do any of our readers have more

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The Growing Promiscuity of Indian Courts in Granting "Ex Parte" Injunctions

In several earlier posts, I lamented the fact that some Indian courts are beginning to demonstrate a rather promiscuous propensity to grant “ex-parte” restraining orders (i.e. orders without even hearing the other side) at the drop of a hat in highly technical patent cases. The latest example is the case of Ramkumar, an overzealous patentee who’s claimed much more than what he legitimately invented and squeezed illegitimate royalties out of many dual sim phone importers in the process. Our earlier

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Religion and IP: The tales of Tirupati, Attukal and Osho

This blog has been the forum for considerable debate surrounding the protection of religious and spiritual symbols, including those related to Yoga, and the Tirupati laddu GI. The latter, for instance, most recently re-appeared on the scene with the Hindu reporting that “The Tirupati laddu … may soon get intellectual property rights (IPR) as the managing trust of the temple is seeking geographical exclusivity for the delicacy. The Tirumala Tirupati Devasthanams (TTD), a trust which manages the world’s richest temple

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Delhi HC restores PPL’s right to sue for copyright infringement

In July last year we had carried a post on a Delhi High Court judgment which held that Copyright Societies had no right to sue on behalf of their members. It just came to our knowledge that this judgment was over-ruled by a Division Bench of the Delhi High Court on 3rd November, 2008. Strangely though this judgment has not been reported either by Manupatra or PTC. The good news however is that the Delhi High Court website has started

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SpicyIP Tidbit: US Court Rules in Favour of DRL on Prilosec

Last week brought good tidings for DRL which, these days, finds itself regularly in the news. A district court in Southern New York summarily ruled that DRL’s ANDA filing on Omeprazole Mg Over-The-Counter (OTC) version did not infringe Astra Zeneca’s patents on heartburn drug Prilosec. SpicyIP has dealt with this case in fair detail earlier with a comprehensive discussion of the issues involved by Mr.Chris Ohly. The suit was a typical Hatch-Waxman patent infringement case where Astra claimed that DRL’s

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Public Sector IP and Socially Responsible Licensing

Today, we bring you a guest post from Harry Thangaraj, who does some very interesting work around intellectual property and developing economies. I’ve had the pleasure of discussing some of these issues with him and find him to be extremely insightful. I’m therefore very happy to introduce him to our readers, who will no doubt benefit significantly from his perspective. Particularly since his work is not limited to just to the theory of IP and Development, but he is one

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Trade in Generics suffer more Seizures

The latest addition to the rather questionable series of seizures by Dutch officials were a consignment of HIV/AIDS medicines by Aurobindo Pharma Ltd meant for use in Nigeria. The purchase, by the Clinton Foundation through a UN Agency, UNITAID, is the 6th incident of an export by an Indian drug firm being seized in transit in Europe for shipments meant for non-European markets. The grounds on which they were allegedly seized are that they contained counterfeit goods. UNITAID protested sharply

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