The Competition Act, Patents and Over Hyped Drugs – Part III

/ By / Competition Law, Patent

Lets start today with an overview of some of the sections of the Competition Act that might have a bearing on any patent related competition issues: Chapter II of the Act proscribes Anti Competitive agreements including tie-in arrangements, exclusive supply agreements, exclusive distribution agreements, refusals to deal and resale price maintenance. Sub-section (5) of section 3 however provides (inter alia) that the section shall not be read to restrict the “right of any person to restrain any infringement of, or …

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Biodiversity policy too restrictive, say scientists

/ By / Biological Diversity

A group of Indian scientists have published a scathing critique of the laws controlling biodiversity research in the country, saying it is too restrictive. They moot for improved standards as well as room for greater exchange with the international scientific community. TV Padma at SciDev.Net, an excellent resource for discussions on science-related policy developments around the world, reports on an article in the latest edition of Bangalore-based Current Science by a group of scientists. She reports: [The scientists say] India’s …

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The Competition Act, Patents and Over Hyped Drugs – Part II

/ By / Competition Law, Patent

Before taking off from where I stopped yesterday, I must thank V. Ramachandran of V.R. Associates for informing me that the Competition (Amendment) Act, 2007 has been passed and sections 1, 2, 6 to 9, 11, 12, 17 to 18, 27, 29 to 30, 32, 40 to 49 (except sections 53B to 53U) were notified on 12/10/07. Now to continue… A report I submitted to the NHRC in 1999 looked at prices of insulin (a life saving drug) in India …

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ITC tastes victory in US Bukhara case

/ By / Trademark

The New York Court of Appeals recently adjudicated on in favour of ITC Ltd relating to foreign trademarks and common law unfair competition claims. Overall, it is reassuring for foreign companies to know that they may be able to protect well-known trademarks in the US, even without registration or actual use there. A brief roundup of the facts: ITC opened two branches of its near legendary Delhi restaurant Bukhara (rated the best in Asia, and among the best in the …

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The Competition Act, Patents and Over Hyped Drugs – Part I

/ By / Competition Law, Patent

Shamnad drew my attention to a recent news report in the Business Standard, “Law not Equipped to Handle Pharma Monopoly: Experts” The report states: “With anti-competitive practices of global pharma companies increasingly coming under regulatory scrutiny internationally, Indian public interest groups and the domestic medicine makers complain that India’s competitive laws are not equipped to face a similar situation of monopoly in the sales of patent protected medicines in the country.” The report provides two view points: (1) Leena Menghaney, …

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India raises Voice of Dissent against NAMA deal at Doha.

/ By / Uncategorized

India is making its presence felt at the NAMA negotiations at Doha. India has cautioned the World Trade Organization that any attempt to push for a deal in the ongoing Doha round of trade talks by holding a ministerial meeting that only addresses selective interests could prove counter productive. Flexing muscle,’ India has categorically stated that any dialogue to push for a deal in the agriculture and industrial goods without addressing issues related to the services segment would tantamount to …

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SpicyIP Jobs

/ By / Uncategorized

Position for a Patent Manager at Fortune 500 Company A Fortune 500 Company is looking for a Patent Manager. Its an interesting role which involves close interaction with the technical teams to train and educate them regarding patent laws, harvesting of patents from the team and coordination with external counsel in multi-jurisdictions to secure appropriate patent protection for technological innovations. The role requires a dynamic, business oriented professional with the right technical and legal background to undertake the role. Interested …

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Be a Sport..

/ By / Comparative Advertising, Copyright

Copyright related controversy has dogged the Super Bowl for the last two years as the NFL has tried to strictly enforce a ban on public exhibitions of its games on TV sets or screens larger than 55 inches because smaller sets limit the audience size. However the section of federal copyright law giving the NFL protection over the content of its programming makes an exemption for sports bars. This has created a furor amongst American churches which had created a …

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U.K High Court rules on patents for computer programs

/ By / Patent

Our readers may remember an earlier SpicyIP post on patents for computer programs being dis-allowed in the United Kingdom by the Court of Appeals in the Aerotel/Macrossan case. Well thats not the law of U.K. anymore. The High Court recently ruled that the practice of the UK Patent Office in flatly rejecting patent claims to computer products is wrong and remitted the applications to the Patent Offices. Software patents are quite a nuanced area of patent law (which in itself …

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Period for copyright protection expires: Get ready for Bollywood all over again!

/ By / Copyright

Thinking of remaking a timeless Hindi classic? The time is now! Most movies made as early as the 1930s and 1940s have lost the protection that their copyright provided them and have now entered public domain. However with increasing greater revenue accruing from movie screening, bigwigs in the Bollywood industry (like Yash Copra) have already approached the HRD Ministry to extend this period to around 95 years following the example of the ‘Mickey Mouse Act’ and the protection offered to …

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