KERALA’S IP POLICY: CONSTITUTIONAL INFIRMITY?

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Pursuant to our last post on Kerala’s daring and innovative traditional knowledge policy, we now examine the constitutional implications of such a policy. Mrinalini had rightly highlighted this concern during her last post on this theme. Some of the press notes suggest that Kerala is attempting to get over the constitutional hurdle by insisting that this is more of a “traditional knowledge” (TK) policy–and less of an “IP policy”. If that is indeed the case, SpicyIP cannot fathom as to […]

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"TRADITIONAL KNOWLEDGE" IN KERALA : GOD’S OWN "OPEN SOURCE" POLICY?

/ By / Traditional Knowledge

Pursuant to our earlier posts on this issue, SpicyIP has been in touch with Praveen Raj, one of the architects of a recently unveiled IP policy drafted by the State of Kerala. Praveen was kind enough to send us a copy of this policy, as also a short overview that he had prepared. The full policy can now be found here on the Kerala government website. As for Praveen’s overview, we’ve posted it at the end of this post. Kerala

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SpicyIP Tidbit: World Health Statistics 2008

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The World Health Organization has recently released the ‘World Health Statistics 2008’. To quote from the introduction of the Report World Health Statistics 2008 presents the most recent available health statistics for WHO’s 193 Member States. This fourth edition includes 10 highlights of health statistics as well as data on an expanded set of over 70 key health indicators. The indicators were selected on the basis of their relevance to global health monitoring and considerations of data availability, accuracy and

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Gauri Kamath on Drug "Differential Pricing" in India

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Gauri Kamath of Business World has an excellent review of the latest “differential pricing” efforts of MNC’s in India. Readers may know that SpicyIP is an ardent advocate of “differential pricing” strategies. See here for one of our posts which reviews Merck’s scheme relating to the anti-diabetic, Januvia. In fact, Gauri has referred to our SpicyIP post in her article as well. She ends by noting that “If Merck is able to win over doctors, regulators and public opinion, in

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AIDS Patent Rejection: Differential Patentability Standard for Essential Drugs?

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In our last post on HIV patent cases in India, we promised to bring you a more comprehensive analysis of the Nevirapine patent rejection. So here it is: The patent application by BI claimed the ARV (anti retroviral), Nevirapine, as a “hemi-hydrate solution”. More specifically, the patent claimed a composition containing an aqueous solution of nevirapine hemihydrate of particle size between 1-150 micron. The key advantage claimed by BI related to the particle size which made it more stable and

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SpicyIP:Trademark through the Taxmans Lens

/ By / Trademark

IP acquisitions are becoming commonplace where companies are going a shopping for IP assets ;assets that could add synergy and diversity to existing product lines. Recent M&A forays by companies such as Biocon and Suven were largely driven by the IP acquisition rationale. Heightened awareness that IP can constitute a discrete asset class capable of creating value and opportunities for arbitrage is fast gaining ground.IP value and IP related cross border transactions has seen a dramatic recognition in recent years.

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HIV Patents in India: Will it Rain "Rejections"?

/ By / Patent

On the issue of HIV patents and oppositions at the Indian patent office, it’s literally “raining” news. So far, we have 3 significant developments in the last 2 weeks or so, and I’ve tried to summarise them below: 1. Pre Grant Oppostion to Gilead’s AIDS Drug, “Viread” Bhuma Srivastava of the Mint reports that: “Signalling mounting global resistance to patenting of drugs in India, a Brazilian public health group has filed an opposition in India against US drug maker Gilead

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Kerala’s IPR Policy

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Readers will recall Aysha’s earlier post on this issue here. Spicy IP would like to thank Dr. Gopakumar G. Nair for passing on the following information to us. The lush green State of Kerala plans to officially released its IPR Policy in the presence of the Minister for law & Parliamentary Affairs, Shri. M. Vijayakumar, Chief Minister Shri. V.S. Achuthanandan and other distinguished guests tomorrow. For those of you interested, the function will be held at the Mascot Hotel, Thiruvananthapuram,

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"Inventing Around" Patents: Astra vs Mylan and Implications for the "Access" Debate

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In an earlier post, our guest blogger, Chris Ohly succinctly analysed a recent patent case involving Mylan (parent to home grown Matrix Labs) and Astra Zeneca, and fought over an anti heart burn drug “Prilosec”. The court held in favour of “non infringment” by Mylan, owing to the fact that Mylan had cleverly “worked around” or “invented around” the Astra patent. The decision hinged significantly on what term “Alkaline Reacting Compound (ARC)” meant. The court held that it did not

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Guest Post: Chris Ohly on the Omeprazole Patent Litigation

/ By / Patent

We bring you another guest post from Chris Ohly, a reputed patent litigator and partner at a leading IP firm, Schiff Hardin. Chris’ profile can be found here. I have known Chris for a while now. Apart from all that is written on his firm website, Chris is one of the few US patent experts who is at equally at ease with the complex patent terrain in India (read “section 3(d)”!). I can’t think of anyone more suited for undertaking

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