Cross Retaliaton by Suspending IP: Can India Take the Lead?

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Readers may recollect previous posts on an interesting concept titled “Cross Retaliation”. The Mint carried an op-ed of mine on this theme, which I reproduce below. To access the full length article outlining this concept and laying down the broad parameters for a domestic legislation in this regard, see here. Make that Bargain Equitable The recent World Trade Organization (WTO) talks came a cropper: Despite intense negotiations over weeks, member states could not agree on critical “agricultural” issues. Under the […]

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Roche Intimidation: Techgoss Article on "New Low"

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Techgoss, a leading technology news blog, published by DJ Varma, a reputed journalist, has this punchy piece on the Roche intimidation episode that we highlighted earlier: Indian blog threatenedBy Bala Shah First there was the world of mainstream media where a few business houses-owned newspapers told us what was happening in the world. Then PM Rao, Finance Minister Manmohan Singh started the liberation of our energies and economy. The BJP continued this push towards a market economy and handed the

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SpicyIP Tidbit: IPR studies in Kerala Academic curriculum.

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As a forerunner in all aspects of IPR, the State of Kerala plans to introduce IPR as a core subject in its curriculum both at the school and university level. Readers may recall our earlier post where we had mentioned that Kerala is approaching its IPR initiatives in a systematic bottom up approach.Introducing policy initiatives, gearing up the IP- admin infrastructure and inculcating awareness and educating the young, the State is on a robust IPR mission.Unnikrishnan of Livemint reports: The

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Roche vs Cipla: Personal Intimidation by Roche Representative

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Tis’ certainly the season of “intimidation” for SpicyIP. My aunt in Kerala received a call from someone who claimed to be a Roche representative, but never gave his name. He fretted and fumed that my writings on the blog were “anti Roche” and warned her, in no uncertain terms, that if I continued with such writings, I would pay for it dearly! And that, as a responsible aunt, she ought to warn me against my errant ways. Naturally, I was

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SpicyIP Tidbit: ‘Hari Puttar’ in trouble with Warner Bros

/ By / Trademark

Close on the heels of SpicyIP’s new logo, there’s spicy news that a Mumbai banner – Mirchi Movies (and I shan’t make things more obvious) – has been sued for IPR violations by Warner Brothers over the choice of title of its children’s film, Hari Puttar — A Comedy of Terrors, for being too similar to its “Harry Potter” franchise. The case was listed for hearing today in the Bombay High Court, while the film is scheduled for release in

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Debate over IP Manual continues.

/ By / Patent

The much anticipated first of several meetings discussing the Draft Patent Manual was chaired by NN Prasad in New Delhi on July 22nd, 2008. The meeting called to air views on applications in various areas of patents- biodiversity, software, pharmaceuticals, and e-filing, had interesting results. While the aim of these meetings is gather opinion and ultimately reach consensus on how the Manual of Patent Practice will serve as a guide for examiners as to interpretation of Sections such as S.

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Roche vs Cipla: Is the Roche-OSI/Pfizer Licence Registered in India?

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One of my friends drew my attention to sections 68 and 69 of the Indian Patents Act, and asked a few perplexing queries. At the end of which, it occured to me that these very same provisions might have implications for the Roche vs Cipla case, that is now being adjudicated upon by an appellate bench of the Delhi High Court. For our previous posts on this issue, see here. The net result of sections 68 and 69 is that

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Introducing Our "Spicy" Logo

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After dilly-dallying for a while, we’ve finally designed our own SpicyIP logo. It’s on the top left hand corner of the blog. I’ve also placed it along with this post. We once again wish to thank our wonderful readers for helping us come this far. Your support and encouragement means a lot to us. Please let us know what you think of this logo. Spicy enough?

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Roche vs Cipla: Will the Real Price of "Tarceva" Please Show Up?

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Last Thursday, Arun Jaitley finally wound up his arguments on behalf of Cipla. A very impressive performance and I can see why Cipla won relatively easily at the first instance. As SpicyIP suspected in its last post, Jaitley completely downplayed the “public interest” argument. Perhaps a wise, strategic move, given that Justice Shah was beginning to express concerns about openly endorsing a rule that hinged on pricing and might have operated as a de facto compulsory licensing/pricing regime. Abhishek Singhvi

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Bollywood abound with suits for copyright infringement

/ By / Copyright

Once again Bollywood music directors are being accused of copyright infringement. Sheela Narayanan & Chang May Choon of The Electric New Paper Show (interesting name!) were the first and so far only media outlet to report that Sony BMG has initiated legal proceedings against Tips on the grounds that Pritam’s ‘Zara Zara Touch me….‘ song (featuring the drop dead gorgeous Katrina Kaif in the video) from this year’s Bollywood blockbuster Race has been ripped off from a tune composed by

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