Crafting the National IP Policy: Will the Tiger learn from the Dragon?

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Remember the last time you were in the electronics shop and decided to buy the cheaper Chinese rip off instead? Well IP and business journals across the globe have been reporting for the last month or so about the revamped Chinese IP policy that hopes to forget the days of pirated goods in the hidden pages of Chinese history. The effort to enforce Intellectual Property laws in a far more efficient and manner better aligned to international (especially American laws) […]

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Patent Examiner Blooper: The Times Group Issues a Clarification

/ By / Patent

In an earlier post, we bought to your notice a rather interesting comment allegedly made by an Indian patent office examiner. Resonating with the US sub solar approach on patentability (ushered in through Diamond vs Chakraborty), this examiner apparently stated that ““Anything and everything on this earth is patentable provided it is novel, inventive and industry applicable.” We received a number of comments to this post, some of them very angry and quite evidently from folks that work at the

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Latha Jishnu on the Mysterious Indian Bayh Dole Bill

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Latha Jishnu of the Business World has this wonderful piece on the mysterious “Bayh Dole” style bill. For those wishing to access a copy of this proposed legislation, please see here. Latha ends on a very persuasive note: “What we need is some informed debate on what is India’s best interest at this particular stage instead of going for a wholesale import of an American system that could prove ineffectual. Otherwise, we could be headed for a nuclear deal in

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SpicyIP:Internet Copyright Treaty for India

/ By / Copyright

The Internet Copyright Treaties refers to the two treaties adopted at a diplomatic conference in Geneva in 1966.This includes the (a) the WIPO Copyright Treaty(WCT) and the WIPO performance and Phonograms Treaty(WPPT) that came in to force on the 20th of May 2002. The WCT protects authors, composers and creators of literature, art, films,software, music and creators of such creative works;The WPPT protects performers and producers of phonograms i.e. Music CD’s,cassettes and other sound recordings. About 70 odd countries are

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Position for a Trademark Lawyer

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Opportunity to pursue a ‘Career in Intellectual Property’. There is an opening for a Trademark Lawyer in a Chennai based IP consultancy firm.The firm is situated in an up market location in the heart ofChennai, with congenial working environment, providing greatopportunity to play a vital role in this boutique firm. “Legal 500” theworld’s leading guide to the legal profession lists the Patent andTrademark practices as one of the top 6 in India ( the only firmfrom South India in this

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The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry?

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DNA carried an op-ed of mine on the Daichi-Ranbaxy take-over and the implications for the future of IP. I reproduce this article below. The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry? (* Legend has it that the Hindu God Shiva appeared in a half male-half female form before Brahma, the creator god to demonstrate the concept of duality. This “dual” form of Lord Shiva is referred to as “Ardhnarishwar”) Generics are generics And innovators are innovators

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SpicyIP Tidbits: DTSi Patent Row Goes Royal

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Nearly five months after the grant of injunction against TVS Motors for prima facie infringement of Bajaj’s patent on dual-spark ignition technology, here comes another row involving Bajaj Auto limited and Eicher Motors, which owns Royal Enfield. According to India e-news: “Bajaj said it was studying if Royal Enfield’s Thunderbird Twin spark 350cc bike violated their patent on the twin-spark technology. It said if Enfield was found to have violated the patent, the company would take the matter to court.”

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‘Sweat of the Brow’ may be of the Past: Reckeweg v. Adven Biotech

/ By / Copyright, Trademark

On July 1st, 2008, the Delhi High Court through Justice Ravindra Bhat delivered (once again) a fabulous judgment, clarifying the standard to be adopted by Courts in deciding grant of injunctions in trademark infringement and copyright subsistence in a work. Briefly, the facts of the case are as follows. The Plaintiff, Reckeweg, is a German based homeopathic company and claim to specialize in the ‘R-Series’ line manufactured globally by them and in sold in India since 1980. “The letter “R”

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Rescuing celebrity domain names

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A couple of months ago Kapil Dev, at the inauguration of the .Asia domain name, was quoted as saying as “Yes, I lost out on securing KapilDev.com and KapilDev.in for myself”. We were quite outraged by this sorry state of affairs and decided to explore the legal options available to this ace cricketer. Before actually going into the law we randomly investigated the ownership of a couple of celebrity websites such as http://www.amitabhbachchan.net, http://www.vluvshahrukh.com & http://www.diyamirza.org. All three sites have

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Patented.. Music?

/ By / Patent

Music therapy – an increasingly more accepted health care profession that progresses on the basis of belief that musical notes can affect the brain in such a way that certain physical, mental and emotional conditions of people can be addressed. The power of music isn’t new to India. While stories like those of Tansen controlling the elements with his music have lined Indian history, current music therapists are approaching this interdisciplinary field in a more scientific manner.What makes this even

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