WIPO and Patent Exclusions: Public Health and Medical Methods

At the start of this year, WIPO commissioned a group of us (under the stewardship of Professor Lionel Bently, the famed Cambridge IP don and co-author of the leading treatise: Bently and Sherman on IP) to do a report on exceptions, exclusions and limitations in patent law. This report was prepared pursuant to the work at the SCP (Standing Committee on the Law of Patents) and will be tabled at the 15th SCP session this October. The background to this […]

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Results :1st Franklin Pierce Law Center Intellectual Property Law Essay Competititon,2010.

The Results of 1st Franklin Pierce Law Centre Intellectual Property Law Essay Competition, 2010in association with National Law University, Jodhpur have been announced. Heartiest congratulations to all the winners! We wish them all the best. Name Title of the essay Prize details First Subhajit Banerji Patenting Software Full tuition waiver for the Intellectual Property Summer Institute and Concord, New Hampshire and a cash prize of Rs. 15,000 (INR) Second Neha Choudhari and Tarun Gopalakrishnan Open season on the biotech range

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Roche and Novartis, finally, manage to defend their patents in Oppositions filed by Cipla

In a sign of the changing times, Swiss companies, Novartis and Roche have finally managed to defend their patents in oppositions filed by Cipla. While Novartis defeated Cipla in a pre-grant opposition against its patent application – 3003/CHENP/2004 for ‘inhibitors of tyrosine kinases’, Roche won a post-grant opposition against Cipla with respect to its patent bearing no. 208718 for a ‘Pharmaceutical Composition in solid unit dosage form’. For a concise, well written analysis of the Novartis decision, which was rendered

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SpicyIP Tidbits: Sholay makers to sue Greenpeace

TATA Steel, a very influential company in India, is building the Dhamra port at the mouth of the Dhamra River, just north of the Gahirmatha Marine Sanctuary, Orissa- the largest of only three nesting sites for the Olive Ridley in the world. Naturally the endangered Olive Ridley sea turtle is facing massive challenge to its survival, due to port construction. The international environmental non-governmental organisation (NGO), Greenpeace has made an animation with the Sholay characters to highlight the cause of

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Guest Post: Trademark Tangles – Mera Wala Manjal

Suchita Saigal, a name familiar to the Spicy IP readers, brings yet another piece of her refreshing and analytical reasoning to the fore for us, that has been presented as follows: Ø Case history: This post considers a case brought to our notice by Mr. Praveen Raj. The case, currently being heard before the Delhi High Court, deals with the evergreen topic of distinctiveness of a trademark. The question is whether the trademark ‘Manjal’ is descriptive in nature and therefore

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Eve-Teasers Knocked Out, Beer-bellied or Otherwise! Trademark Battle between Skol Breweries and Unisafe Technologies

(Image taken from here)A recent trademark judgment pronounced by the Delhi High Court has come to the attention of the Spicy IP team, which has referred to several key precedents and factors involved in the matter of trademark dilution (and a conclusion pondering possible linkage between beer drinking and eve-teasing!!!). It goes by the name of Skol Breweries v. Unisafe Technologies [Dated August 25, 2010; CS(OS) 472/2006, I.A. No. 3194/2006]. In this case, the plaintiff (Skol) proprietor of the beer

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Patent Eligibility and the Logic of Law and Science

Prashant raised very pertinent point in response to my last post on “patent competence” stating that: “As is obvious from the procedural and evidentiary mistakes that are happening before the Patent Office, the law component of the Patent Agent Examination is completely inadequate. A simpler option, in my opinion, would be to include some compulsory legal subjects as a part of the qualifying examination to become a patent agent. For e.g. the Law of Evidence, Statutory Interpretation, constitutional law, legal

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Patent Competence?

We’ve had some very provocative posts on the qualifications necessary for patent practice in India. While some thought that a science/technical degree was an absolute must, others disagreed. A lot of these different view points hinged on the kind of patent practice that one was speaking about: patent drafting/prosecution vs patent litigation/advisory. Most appeared to agree that for patent drafting and prosecution, a science/technical degree was a must. However, here again, an issue was raised: can a software engineer draft

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Romanticising Innovation and Showcasing Reality

Readers may recollect an old and favourite theme of mine, “Romanticising Innovation”. The basic idea being that notwithstanding our highly politicised debates around patents, we ought not to lose our focus on innovation. In fact, we must actively romanticise innovation and creativity. This is likely to yield far better dividends than continuously barking up the “patents” tree. I elaborate on this aspect in an article in a FICCI newsletter, touching on the movie 3 Idiots, grassroots innovation and utility models.

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SpicyIP Tidbit: Hyderabadi Haleem gets dubious GI tag

From my own hometown [:-)], the famous- and extremely yummy- Hyderabadi Haleem has now been recognised as a Geographical Indication. Now, while noone who has eaten Haleem will deny its unfailing quality to make the mouth water, this GI tag is already under some scrutiny. One of our regular commentators/content providers, Mr. RS Praveen Raj, in this report of The Hindu, has said that just like the Tirupati Laddu, the Hyderabadi Haleem perhaps is not worthy of a GI Tag,

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