From Jurassic Park to Bayh Dole: Crichton makes an Effortless Leap from Science Fiction to Policy Recommendation

/ By / Uncategorized

(Image Location: http://upload.wikimedia.org/wikipedia/en/thumb/e/e1/Next_book_cover.png/200px-Next_book_cover.png) Previously in Spicy IP, we have covered various aspects of the Bayh-Dole Act and the Indian Bill modeled along similar lines, titled Protection and Utilisation of Public Funded Intellectual Property Bill (see here). Many of the thoughts of the different stakeholders regarding this matter had also been voiced in the report of the conference that was held last September. This post, however, intends to draw attention towards a really fascinating argument that had been made a few […]

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SpicyIP Tidbit: Global Patent Co-operation by 5 IP Offices

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(Image Location: http://www.fiveipoffices.org/images/logo.jpg) Recent times have seen a website being launched (here) representing a forum consisting of five of the largest intellectual property offices in the world, viz. the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO) and the United States Patent and Trademark Office (USPTO). The said forum, named the Five IP Offices (IP5), has been established with the aim

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Publicity Rights: Sourav Ganguly vs Tata Tea

/ By / Privacy

An article deals with celebrity rights in India and states as below: “Taking as an instance the case of Sourav Ganguly v. Tata Tea ltd. wherein Sourav Ganguly who returned form Lords after scoring magnificent centuries found himself extremely disturbed when he realized that Tata Tea Ltd., in which he was employed as a manager, was promoting it’s 1 kilo tea packet by offering the consumers a chance to congratulate Sourav through a postcard which was there inside each packet

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"Pay up" says the Delhi High Court-Microsoft hauled up for Forum Shopping

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In a path breaking ruling by the Delhi High Court to curb the menace of forum shopping, Justice S.N.Dhingra ordered software giant Microsoft Corporation to pay about Rs.8,00, 000 for having chosen to initiate the proceedings against an alleged copyright infringement at the Delhi High Court, despite the cause of action having arisen in four different cities, thereby shedding light on the unsettled law on choice of proper forum. Justice Dhingra very rightfully observed that “one cannot be given the

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Guest Post: Innovation for the 21st Century

/ By / Competition Law, Innovation

We are very honoured to bring you a guest post from Professor Michael Carrier, a renowned thought leader in IP and competition policy. His post titled “Fostering Innovation by Fixing US Law” captures the central arguments he makes in a very engaging book titled “Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law“. Given that India is soon going to face very challenging jurisprudential issues around the application of competition law to intellectual property, Michael’s

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SJMSOM ready to host 1st IPR Researchers’ Confluence

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The Shailesh J. Mehta School of Management (SJMSOM), a part of the Indian Institute of Technology (IIT), Bombay, is all set to host the 1st Intellectual Property Rights Researchers’ Confluence on December 21 and 22, 2009. The theme of the confluence is going to be Spearheading Intellectual Property Research in India –An Agenda for Research. With innovation in organizations assuming significant importance in the modern world and the emerging economies being channeled towards developing an IPR system by the global

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SpicyIP Tidbit: Announcing the arrival of Peer To Patent Australia

/ By / Patent

Continuing on our zealous path of advocating the cause of collaborative work to produce superior results, Benjamin McEniery was kind enough to point out to SpicyIP, a brand new initiative from our friends down under- “Peer-to-Patent Australia”. This has been modelled along the lines of the Peer-to-Patent projects of the New York Law School (NYLS) and the Japan Patent Office. A joint initiative of the Queensland University of Technology along with IP Australia, Peer-to-Patent Australia has been initially set up

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SpicyIP Tidbits: Satyam settles Upaid dispute for $70 mn

/ By / Patent

Hot off the press is news that the Satyam-Upaid dispute has been settled by Mahindra Satyam for a settlement amount of USD 70 million. (Read the Reuters story here). This may well be among the last posts on this dispute from our end, one that we have been tracking in this space since it first broke in Jan 2008, and which has since travelled across three continents in various forms. Upaid, a UK-based mobile payments service provider, had filed a

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SpicyIP Guest Post: The Trademarks (Amendment) Bill 2009 – Implementing the Madrid Protocol

/ By / Trademark

SpicyIP is proud to bring you a guest post, by Ankit Prakash, on the proposed amendments to the Trademarks Act – a topic that should have been covered ages ago. Ankit is currently a Senior Associate with Anand and Anand where he specialises in trademark prosecutions, oppositions, assignments, licences and agreements. He is widely considered to be one the rising stars on the trademark prosecution scene in India and I’m extremely thankful to him for contributing this insightful guest post.

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Breaking News – Gilead files tenofovir appeal at IPAB

/ By / Patent

Close on the heels of falling prey to pre-grant oppositions in August-September 2009 for two of its key anti-retroviral drugs, Gilead Sciences, Inc., has filed an appeal with the Intellectual Property Appellate Board in India to challenge the two IPO decisions against tenofovir disoproxil fumarate (TDF). You will recall Shouvik had posted on the opposition proceedings not too long ago. By way of a quick run-through the key issues raised in the opposition, lead by the Alternative Law Forum, these

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