SpicyIP Tidbit: Supreme Court bats away Bayer-Cipla case to the 30th of November, 2010

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The Bayer-Cipla, patent-drug regulatory linkage case which was scheduled to be heard on the 3rd of August, 2010 has now been batted away to the 30th of November, 2010. In the highest traditions of the Bar, one lawyer asked for an adjournment, while the other graciously consented to the same. Earlier on the 13th of April, 2010 the pertinent part of the Supreme Court Order read as follows: The parties are in agreement that the matter may be adjourned to […]

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What would be a good day to file a suit for patent infringement? Did Bajaj get it right?

/ By / Patent

Shamnad recently carried a post on Justice Murlidhar’s judgment in the case of Dr. Snehalata v. UoI. The controversy in that case was as to the ‘date of grant’ of patent. In his order, Justice Murlidhar clarified that a patent is deemed to have been granted on the date when the patent office signed the order granting the patent and not on the date of issuance of the patent certificate. He also mandated that such an order be published on

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SpicyIP Tibdits: Biscuit packet designs and all that

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There’s a cracker cooking at the Designs Registry between the two Indian confectionery companies Britannia Industries and Parle Products Pvt. Ltd., according to two recent orders of the Calcutta High Court. The High Court has returned two design registrations for biscuit packets (registered by Parle circa February 2002) to the Designs Office for reconsideration, observing that it was “evident” that the Office had not taken into account the prior publications submitted by the opponent in their cancellation petitions. Britannia had

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Leninism and Spirituality: Whither Privacy?

/ By / Privacy

IP is not a static monopoly. Its very dynamic, often attempting to covet other domains within its fold. Little wonder then that the debate on whether or not “privacy” norms can be categorised as an extension of “intellectual property” continues to rage, sans any satisfactory settlement. For a lighter reading on this nexus between IP and privacy, see here. And for a more academic take, see Pam Samuelson’s thoughtful article here. I come neither to bury this nexus..nor to praise

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Off Topic : Call for Papers : Journal of Indian Law and Society

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Journal of Indian Law & Society is currently soliciting submissions for its second issue due in December, 2010. The deadline for submissions is October 5, 2010. Please send in your submissions under the categories mentioned below. All submissions to the Journal are double blind refereed and edited by the student editorial board. For general queries relating to your submissions,  kindly write to us at [email protected] ABOUT THE JOURNAL Journal of Indian Law & Society is a peer-reviewed and student-edited Journal

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Hilltone v. Hilton : The District Court’s Order

/ By / Trademark

We have already been following the Hilltone story here, here and here. This post will look into the Order of the District Court of Sirohi and the facts which led to this litigation  As per the last updates,the Rajasthan High Court refused to stay this order, stating instead that “When registration of the Hilton Hotel has not been quashed and it is still in existence in their name and they are running their business in the said registered name, as

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Inception, Ideas and Incentive – II

/ By / Copyright

Last month, Amlan wrote a thought-provoking post connecting this summer’s scintillating blockbuster “Inception” and copyrights.  This post is a mini-“sequel” to his post (and hence the “II”). Yesterday, I happened to stumble upon a video of Rajeev Masand’s interview of Aamir Khan. During the course of the interview, Masand asks Aamir his opinion on the chances of the Indian film industry making a film comparable to Inception in content, sophistication and presentation. Aamir gives his take on the qualitative sea of difference

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Guest Post: A response to the draft e-Governance policy

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Spicy IP is delighted to bring forth for its readers an incisive and insightful guest post from Bob Jolliffe, a South African standards activist, on a response to the e-Governance standards post.  Bob is a founding director of the Freedom to Innovate Foundation, South Africa.   Bob is a frequent speaker on-Governance and standards and one such talk on e-Governance/standards is available here.   Guest Post:  A response to the draft e-Governance policy I think the point that this author makes

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The draft e-Governance Policy and its implications on patent law in India

/ By / Patent

A look at the draft e-Governance policy and its implications on patent law in India The Department of Information Technology (DIT), Government of India (GoI) recently came out with a draft (V1.1)  Policy on Open Standards for e-Governance, (POS-e-GOV), available here.   The objective of this Policy is to “promote technology choice, avoid vendor lock-in and aims for reliable long-term accessibility to public documents and information in Indian context.”   There have been prior discussions on the topic at this

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IP Taxation: Know-how, Consultancy and Service Tax

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A few days ago, out of sheer interest I was searching for some literature on a topic (taxation) which I wouldn’t exactly call my comfort zone, not because I don’t have an aptitude for it, but because I don’t know much about it, in fact I know very little. This search was not a random one. For quite some time, I have wanted to understand taxation better for academic and practical purposes, but somehow for one reason or the other,

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