Patent Auction- Now in India

/ By / Patent

On a day when we just reported a bad rating for IPR protection for India, the news of India’s first patent auction rolled in. Tech Transfer 2010,a one day patent technology showcase will be held on August 28,2010 at Ahemdabad where patented pharma products will go in for an auction. This is being organized by Foundation for MSME Cluster in alliance with Skyquest Technology Consulting, a private company engaged in facilitating buying and selling of patents in India. As ET […]

Patent Auction- Now in India Read More »

India fares badly in IPR Protection Report by PERC

/ By / Uncategorized

In a report titled ” A review of  intellectual property rights risk in Asia” by Hong Kong-based Political and Economic Risk Consultancy (PERC), India has been rated to be pretty bad in terms of protecting intellectual property rights. On a scale of 10, India has been given a 6.5, where zero is the best possible score. Indonesia tops the chart of weakest IPR protection and has been given a 8.5! Indonesia has passed new laws aimed at improving  protection of

India fares badly in IPR Protection Report by PERC Read More »

SpicyIP Guest Post: From “Hire” to “Commercial Rental” Scope, Inadequacies, Implications & Recommendations

/ By / Uncategorized

Sai Vinod Nayani, a third year student at the National University of Juridical Sciences, Kolkotta has sent us this very interesting guest post on the proposed amendment in the Copyright Amendment Bill, 2010 inserting the term ‘commercial rental’. From “Hire” to “Commercial Rental” Scope, Inadequacies, Implications & Recommendations by, Sai Vinod Nayani The Copyright (Amendment) Bill, 2010 proposes to replace the word “hire” with “commercial rental” in Sections 14(d)(ii), (e)(ii) and 37(3)(e) dealing with the meaning of copyright. The authors

SpicyIP Guest Post: From “Hire” to “Commercial Rental” Scope, Inadequacies, Implications & Recommendations Read More »

Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation

/ By / Patent

Given the fact that most patent litigation before High Courts is usually handled by lawyers who are normally not involved at the stage of patent prosecution, I thought it would be interesting to start of a discussion on how best to conduct a ‘due-diligence’ on a patent before taking the decision to take it to litigation. The contents of this post are absolutely basic and chances are that most practicing lawyers already know about it. Part of the contents of

Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation Read More »

Off Topic : Call for Papers : NLIU Law Review

/ By / Uncategorized

About the Law Review  The NLIU Law Review is an endeavour on the part of the student body of the National Law Institute University, Bhopal to encourage and inculcate in the students a spirit of legal research and develop their interest further in unexplored areas of the law. It is the first of its kind in the University which has entirely been the effort of the Student Body. This exclusively student-run journal is a bi-annual, peer-reviewed law journal which seeks

Off Topic : Call for Papers : NLIU Law Review Read More »

The Drama in the Definition of ‘Dramatic Works’

/ By / Copyright

Shreya Aren, a 4th year student at the National Law School of India University has sent in this excellent guest post on the definition of ‘dramatic works’ in the Copyright Act, 1957. Clearly blessed with a sharper vision than most of us, she points out to how the Supreme Court may have actually quoted the wrong definition of ‘dramatic works’ in one of its judgments. The Drama in the Definition of ‘Dramatic Works’ Shreya Aren The search for the correct

The Drama in the Definition of ‘Dramatic Works’ Read More »

Copyright Board Delivers Judgment in Mega-Compulsory Licensing Dispute; Fixes Royalty at 2%

/ By / Copyright

The long running compulsory licensing dispute between radio stations and copyright societies has finally concluded, with the Copyright Board fixing the royalty at “2% of net advertisement earnings of each FM radio station accruing from the radio business only for that radio station shall be set apart by each complainant for pro rata distribution of compensation to all music providers”. Para 25.13 of the Order states that the current published tariff of PPL is Rs. 2400 per needle hour or

Copyright Board Delivers Judgment in Mega-Compulsory Licensing Dispute; Fixes Royalty at 2% Read More »

Bombay HC discusses ‘Variety’ of Essential Ingredients in TM Infringement Action

/ By / Copyright, Trademark

The Bombay High Court through Justice Vazifdar had in November, delivered this excellent decision relating to the ingredients necessary to be proved for any case of infringement and passing off of Trademarks and Copyright. The mark in question here was the stylized logo “Variety” used famously by international publication Reed Elsevier for their entertainment related magazine Variety. The Variety logo as seen on their website here is described to include a flying “V”, and this distinctive feature was allegedly used

Bombay HC discusses ‘Variety’ of Essential Ingredients in TM Infringement Action Read More »

DIPP Discussion Paper on Compulsory Licensing in the Indian Pharmaceutical Sector: An ‘Acquired’ Afterthought?

/ By / Uncategorized

The Department of Industrial Policy and Promotion (DIPP) has recently sought to address concerns regarding market-availability of low-price life saving drugs, by way of reviewing the provisions relating to compulsory licensing enshrined in the Indian IP regime. With multinational pharmaceutical giants having acquired as many as 6 Indian drug manufacturing companies 2006 onwards, the domestic market for drugs (particularly medicines for battling HIV, some types of cancer and Hepatitis C) has exhibited a steep inflationary rise in the pricing curve.

DIPP Discussion Paper on Compulsory Licensing in the Indian Pharmaceutical Sector: An ‘Acquired’ Afterthought? Read More »

PMO, MNC, CL and Indian IP Policy Making: Whither Representation and Transparency?

/ By / Data Exclusivity

A note circulated by the Prime Ministers Office (PMO) asking various government ministries to consider a representation made by OPPI (the Indian pharmaceutical body representing the interests of innovator pharmaceutical companies, mainly MNC’s) has stirred a hornet’s nest. Was it legitimate for the PMO to consider a representation from big bad MNC’s? Of course, it was! This is a democracy and all stakeholders are entitled to be heard. Would a smaller IP stakeholder representation have merited this kind of attention

PMO, MNC, CL and Indian IP Policy Making: Whither Representation and Transparency? Read More »

Scroll to Top