India’s First Innovation Czar and the Creation of an Innovation Eco-System

/ By / Innovation, Patent

Dr Sam Pitroda, a leading innovator, entrepreneur and thought leader was recently appointed as India’s first Innovation Czar, a post curiously titled as the “Infrastructure, Innovation and Information” adviser to the Prime Minister. Perhaps this the first step towards having a full fledged Ministry of Innovation, something that Dr Mashelkar has been advocating for a while now. As one can appreciate, this is a critical milestone in the history of Indian innovation policy. The Mint published an editorial of mine […]

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Introducing CLaM: Democratizing Law Making Through Open and Collaborative Participation

/ By / Copyright

I’m extremely happy to announce that after months of planning and designing, we’ve finally managed to execute our collaborative law-making platform, titled CLaM. Yes, this is the very same CLIPP model that we’d highlighted earlier on this blog..though we’re now rechristened it as a simpler sounding CLaM (though there is no nexus between our model and a certain mollusc that is a favourite with many sea food lovers). This would not have been possible, but for the brilliant and relentless

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Spicy IP Jobs: Research position at Neuchatel University

/ By / Uncategorized

As part of the EU-funded Access to Pharmaceuticals (ATP) consortium, The Institute of Health Law at the University of Neuchatel, Switzerland is seeking to fill a position of a Scientific Collaborator in an international research project on IP and Access to Pharmaceutical Products and for running the part on Compulsory Licensing, in the framework of the EU 7th Framework Programme (FP7). The ATP consortium recognizes the importance of equitable access to pharmaceuticals, especially in developing countries, and as such, focuses

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The "Appeal" of a Pre Grant Rejection

/ By / Uncategorized

Prakruthi analysed an interesting Bombay High Court decision that suggested that a party aggrieved by a pre-grant opposition decision could file a writ before the High Court. Adithya Reddy, a guest blogger takes issue with this decision and argues that a “post grant” opposition mechanism is an efficacious alternative remedy; therefore High Courts ought not to entertain writs (under Art 226 of the Constitution of India) against pre-grant opposition decisions. I want to offer a third alternative in this debate,

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Challenging Pre Grant Orders through Writs: Whither "Alternative Remedies"?

/ By / Uncategorized

We have a very interesting guest post from Adithya Reddy, a bright patent litigator from Chennai. He argues that a post grant opposition is an efficacious alternative remedy and that therefore High Courts ought not to entertain writ petitions against pre-grant opposition decisions. Here goes: The Bombay High Court’s recent decision regarding Cadilla Health Care’s patent claim and requirements of Section 3(d), commented upon in an earlier post by Prakruthi, revisits a question that was left unexplained by the Madras

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Claim Construction III: Amendment of Patent Claims under Section 58

/ By / Patent

A decision was delivered by the Delhi High Court in September on amendment of patent claims in a case between AGC Flat Glass (Plaintiff/Patentee) and Anand Mahajan and Ors (Defendants). This is one of those rare instances where claim construction principles have been elucidated upon by an Indian Court and SpicyIP thanks Kamakhya for bringing this decision to our notice. This decision comes out of an interim application made by the plaintiff to amend the specification of its patent during

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FICPI INDIA SYMPOSIUM 2009 – Student Session

/ By / Uncategorized

FICPI is an organization working for the interests of Patent and Trademark professionals world-wide. On 9th of December, 1st day of the Symposium CII & FICPI is organizing a Student session at IIT Campus. FICPI members from India and abroad will visit and deliver a series of presentations and speak with the students about the advantages and disadvantages of choosing the patent attorney profession as career. The program is tailored to suit the Technology & Legal & Post Graduates. The

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Copyright Infringement and ISP Liability: A Critical Flaw in India’s IT Act

/ By / Copyright

An earlier guest post opined that the recently amended Information Technology (IT) Act absolves internet service provider (ISP’s) and other intermediaries from IP infringement liability, provided they satisfy certain pre-requisites. Kaushik Krishnan, one of the brightest law students I have ever encountered thinks our guest got it wrong in one cardinal respect. I think Kaushik is spot on…but will wait to hear your thoughts on this. The guest post states in pertinent part that: “The most significant ramification of the

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OSDD still well on track

/ By / Patent

Readers may remember the Open Source Drug Discovery (OSDD) programme launched by the Council of Scientific and Industrial Research (CSIR) which we had blogged about a little over a year ago here. Started in September, 2008, the OSDD is a consortium of Indian as well as global researchers who are currently getting together to find a cure to Tuberculosis. As MIT’s Technology Review notes, November 23rd marked a red-letter day for OSDD since after about 14 months since its launch,

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CII Workshop on Patent Strategies

/ By / Uncategorized

GLOBAL BEST PRACTICES IN PATENT INFORMATION : ANALYSIS AND PATENT PROTECTION STRATEGIES Confederation of Indian Industry (CII) & Andhra Pradesh Technology Development and Promotion Centre (APTDC) in its IP Capacity Building Series’ IX is organizing a Workshop on Global Best Practices in Patent Information Analysis and Patent Protection Strategies. More details including registration form etc can be found at the SpicyIP Resources Page. Location and Time: 5 December 2009 from 1000-1700 Hrs at Hotel Taj Banjara, Hyderabad. This Workshop is

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