Lessons to be learnt from License to remake My Cousin Vinny

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Funny how the Indian Entertainment Industry seems somewhat schizophrenic at times! Readers might recall that in my last post on the Urmi Juvekar copyright infringement case, I had said it is strange that the courts seem to have found a concept to be copyrightable. I also opined that the copyright laws don’t seem to warrant such a decision even though equity would certainly call for it. A recent newspaper report might actually strengthen the argument in favor of Ms. Juvekar’s …

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YOGA PATENT CONTROVERSY: RIP…

/ By / Patent

Thankfully, the government is now well advised (by the Indian embassy in the US), that there is no cause for concern on the Yoga patent front–particularly since there are no patents on Yoga asanas. Readers will recollect that SpicyIP has been reiterating this point and cautioning against the media hype generated in the wake of Suketu Mehta’s NY Times editorial. Interested readers can click on a label titled “Yoga” on the left hand side of the SpicyIP homepage. Sandeep Joshi …

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Bilateral Buzz on IPRs’

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A fortnight of hectic parlays on trade negotiations where key accords where signed and strategic understandings arrived at . Swiss Fondue and fine Basmati do not a meal together make’, but yes, the Indian bilateral menu has been served with a generous serving of Swiss and Pakistani fare comprising of key IPR issues. India and Switzerland on Tuesday signed a memorandum of understanding (MoU) on safeguarding intellectual property rights (IPRs). The agreement envisages setting up of a joint committee to …

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SPICYIP TIDBITS

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1. Asia Pacific Countries wish to copy Section 3(d) The ET reports: “More than 10 countries in the Asia-Pacific region are planning to adopt the much-debated provision which makes it difficult for drug makers to get patent protection for anything less than breakthroughs in pharmaceutical research. The provision describes what sort of pharmaceutical substance is worthy of a patent. The idea is to prevent companies from blocking the entry of cheaper rival products by passing off old medicines in new …

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Genetic Patent – Law & Strategy by Dr. Kalyan

/ By / Patent

Biotechnology is one areas of technology that has influenced patent law like no other. It poses several challenging questions for patent jurisprudence: What ought to be the optimal patentability requirements for micro-organisms and genetic inventions? Do such inventions satisfy the requirements of novelty, non obviousness and utility? More importantly do they pose ethical and moral issues? Dr. Kalyan, in his book titled Genetic Patent – Law & Strategy, endeavours to address the aforesaid issues in a comprehensive manner, with particular …

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SPICY TIDBITS

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Starting today, we’re beginning a new section titled “Spicy Tidbits” that will bring you short announcements of leading news in the world of IP and innovation law/policy, in so far as they have some relevance for India. 1. The US moves ahead with its WTO complaint against China, asking for the establishment of a panel. The International Herald Tribune reports: “The Bush administration has asked the World Trade Organization to rule in a complaint against China over the piracy of …

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THE RESURGENCE OF PRICE CONTROLS IN INDIA

/ By / Competition Law

In an earlier blog posting, I’d noted: “…pharmaceutical patents are not “bad” per se, as some of the statements in the press would have us believe—rather, as with most other things in life, they are susceptible to “abuse”. In this regard, it is important to strike a distinction between the grant of a patent and the regulation of its “use”. Our fears of a prospective abuse of a patent and excessively high prices should not cause us to deny patent …

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THE NOVARTIS PATENT DISPUTE: OF "SPINS" AND EMPTY RHETORIC

/ By / Patent

A couple of days back, in a legal dispute involving the patentability of Novartis’s famed anticancer drug, Gleevec, the Madras High Court ruled that section 3(d) of the Indian Patents Act was constitutional. It also held that it lacked jurisdiction to rule on whether or not section 3(d) contravened TRIPS–and that the appropriate forum to adjudicate this issue was the WTO. I’d hinted at the excessive spin on this judgment by interested stakeholders in an earlier blog posting. Let me …

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NOVARTIS CASE AT IPAB STAYED….

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In a rather sensible move, the Chennai High Court has temporarily stayed the IPAB proceeding, pursuant to a complaint by Novartis that Chandrasekharan may be a biased party and ought not to sit in judgment over the appeal. SPICYIP has been reiterating time and again that Chandrasekharan ought to be replaced–else an otherwise strong case for the government could get dragged on owing to this infirmity. The ET Reports: “Hearings in Novartis’ appeal against the rejection of patent for its …

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"Suicide" Inducing Drug in India: Need For More Stringent Drug Regulation

/ By / Drug Regulation, Patent

Bloomberg reports on a very troubling case of a “suicide inducing” diet control drug, that though not likely to be approved in the US, has been approved in India. It notes, in pertinent part: ” Sanofi-Aventis SA’s Acomplia weight- loss pill, linked to suicide, is becoming popular in generic form in India. That may end the product’s chances of ever reaching the U.S., where it has been delayed by regulators. Cipla Ltd. and Ranbaxy Laboratories Ltd. are among six drugmakers …

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