SpicyIP Tidbit: Changing Trends in Grant of Temporary Injunctions in IP Cases

/ By / Uncategorized

Last month, we had reported on the Indian Supreme Court’s observations on parties in IP cases squabbling over temporary injunctions. Apparently, this view is shared by China’s Apex Court as well. In a short article, Peter Ollier of Managing IP reports a formal opinion expressed by China’s Supreme People’s Court on April 21 on Intellectual Property adjudication. It however comes from a perspective different from that of the Indian Supreme Court; it requires Chinese courts to exercise caution in granting […]

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Tuesday Titbits: Mashelkar, Correa and "Unnatural" Crimes

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1. The Eco Times published an editorial of mine today on the Mashelkar vs Correa Controversy. I find it incredulous that Prof Correa himself has now trained his guns at Dr Mashelkar with a rather contrived “binary” proposition. My first thought was: Prof Correa, it is but natural for an Indian to think “binary”. After all, Information Technology (IT), which put us on the world economic map for the first time is all about being “binary”! But jokes apart, anyone

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The “Ardhnarishwar” Drug Model: Whither the Interests of Patients?

/ By / Patent

Soon after the Ranbaxy Daichi merger was announced, I had written an op-ed in DNA, commenting on the emergence of a likely “Ardhnarishwar” model in the Indian pharma industry. As a follow up to this story, the Mint carried an edit of mine in today’s paper, as below: (image from here) The End of a Drug Alliance “The Ranbaxy-Daiichi merger in June 2008 heralded the onset of what one might call an “Ardhanarishwar” model in the Indian drug industry, where

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SpicyIP Tidbit: Role of Science in Policy-Making

/ By / Innovation

More than a week ago, my attention was drawn to this interesting link to a guide on including scientists in innovation policy making, published by UK’s National Environmental Research Council (NERC). NERC sees itself as an entity whose purpose is to undertake research in areas which have critical public policy implications. This objective requires it to not only communciate the results of its research to those in the corridors of power, but also help the governmental and non-governmental machinery make

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SpicyIP Events: International Seminar on TK, New Delhi, Nov 13

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The Federation of Indian Chamber of Commerce and Industry (FICCI), in cooperation with the World Intellectual Property Organization (WIPO) & the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry of the Government of India, is organizing an International Seminar on Traditional Knowledge at FICCI, New Delhi, on 13 November 2009. The Seminar will be inaugurated by His Excellency Dr. Francis Gurry, Director General of WIPO, and will be attended by participants from across the world. This international

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SpicyIP Tidbits: The End of ‘End User License Agreements’?

/ By / Copyright

In a very recent judgement a U.S. District Court has ruled that the purchase of Autocad software from Autodesk under an End-User Licence Agreement (EULA) was not a licence but a sale. As a result the Court held that that a person who purchased the Autocad software could re-sell the same to another party and that Autodesk could not stop such a sale since it had exhausted it rights under the first sale doctrine. (Image from here) The facts of

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SpicyIP Tidbit: The Laddu and after

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SpicyIP ran a guest post recently on a post-grant analysis of the Tirupati Laddu geographical indication (GI). The post itself received an overwhelming response from readers, most of whom were in agreement with the author’s views that the Tirumala Tirupati Devasthanam (TTD), being the sole producer and sole beneficiary of the sale of the product, could not qualify as a legitimate “association”, as required under the GI Act. A Bittersweet Tale Apologies to those who feel the story’s been done

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If (legal) knowledge is wealth, then you can get it for free now!

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Welcome to The India Business Law Journal is a monthly magazine (published 10 times a year) that specializes in providing detailed and comprehensive analysis of the legal, financial and regulatory scenario challenges that feature prominently in the Indian business world. Among other things, this journal seeks to provide vital intelligence to the subscribers ( othe present list of subscribers can boast of prominent names such as Allen & Overy; Amarchand Mangaldas; Aon; Ashurst; AT&T; AZB & Partners; Baker & McKenzie;

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The Big Bad Wolf as the friendly next-door neighbor(A mixture of the Wolf in Little Red Riding Hood, and the Wolf in The Three Little Pigs, he is a friendly misunderstood crossdresser whom the Fairy Godmother unaffectionately refers to as “some gender confused wolf.” He appears to still be wearing Lil Red’s grandmother’s clothes and is apparently on good terms with the three little pigs. In Far Far Away Idol, he sings “Hungry Like the Wolf”. In recent “Shrek The

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SpicyIP Nashery: The Revenge of the Trademark Lawyer

/ By / Patent, Trademark

The world is made up two sorts of people – the gifted versifiers, and the rhythmically and metrically challenged. Much as I would like to have been otherwise, I most definitely fall into the latter. I do, however, know a most talented comic poet, who also happens to be one of the brightest young IP lawyers in town. Shefali Sewak, who graduated from Lady Shri Ram College, and the Faculty of Law, New Delhi, has practised as an IP attorney

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