SpicyIP Tidbits

1. Who’s really winning the IP race in India? Joff Wild, of Intellectual Asset Magazine, comments on the patent explosion in India, and who appear to be the actual beneficiaries of the policy changes in Indian IP … Worryingly for India, perhaps, is the fact that 80% of applications come from foreign companies… It seems to me that if India is to realise its huge potential, and the undoubted creativity of its population, a lot more work needs to be …

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"TECHNOLOGY" SOLUTION FOR PARALLEL IMPORTS?

Rosica PR News reports that: “Secure Symbology, a New Jersey-based business that has successfully developed and implemented the only tested and proven anti-counterfeiting solution for pharmaceuticals, has been named “Emerging Business of the Year” by NJBiz. The counterfeiting of pharmaceutical drugs is a serious issue that poses a real threat to the unsuspecting public, and many consumers who rely on prescription medications have suffered catastrophic consequences to their health by consuming fake, or even toxic, prescriptions. Founded in 2003 and …

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"TECHNOLOGY" SOLUTION FOR PARALLEL IMPORTS?

Rosica PR News reports that: “Secure Symbology, a New Jersey-based business that has successfully developed and implemented the only tested and proven anti-counterfeiting solution for pharmaceuticals, has been named “Emerging Business of the Year” by NJBiz. The counterfeiting of pharmaceutical drugs is a serious issue that poses a real threat to the unsuspecting public, and many consumers who rely on prescription medications have suffered catastrophic consequences to their health by consuming fake, or even toxic, prescriptions. Founded in 2003 and …

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Bringing about compatibility between TRIPS and the CBD

Livemint’s Unnikrishnan reported recently that there has been a move in the Council of TRIPS to ensure compulsory disclosure, by patent applicants, of the origin of genetic materials used in their inventions. SpicyIP in one of its earlier posts had mentioned that the Indian Biological Diversity Act requires that any patenting of genetic material in India be done only with the prior authorization of the National Biological Diversity Authority. Livemint quotes SpicyIP’s Shamnad Basheer saying that it is not quite …

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SpicyIP Events

1. The Second National Bioethics Conference, presented by Indian Journal of Medical Ethics, is being held from 6-8 December 2007 (I caught this a bit late), at the NIMHANS Convention Centre, National Institute of Mental Health and Neurosciences, Bangalore. The theme of this year’s conference is “Moral and ethical imperatives of health care technologies: Scientific, legal and socioeconomic perspectives on use and misuse”. The National Bioethics Conference (NBC) is a broad, multi-disciplinary, independent, participatory and national bioethics platform of the …

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Moral Rights under Copyright Laws: A Peep into Policy – Part 1

“In the material world, laws are geared to protect the right to equitable remuneration. But life is beyond the material. It is temporal as well. Many of us believe in the soul. Moral Rights of the author are the soul of his works. The author has a right to preserve, protect and nurture his creations through his moral rights” (Justice Pradeep Nandrajog Amar Nath Singh v. Union of India (2005)) Section 57 of the Copyright Act, 1957 provides for what …

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Addressing IPR Dilemmas through Creative Capitalism: Advanced Market Commitment.

Capitalism as an economic theory based on free market enterprise has evolved over a period of time culminating in many derivatives and adaptations to address existing situations along the annals of history ands patterns of socio-economic development. Early thinkers such as Marx and Weber propounded the doctrine of capitalism as a panacea to bridge the divide between the proletariat and bourgeois With passage of time , this approach seemingly came to be viewed as starkly polarized that catered to the …

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SpicyIP Jobs and Fellowships

1. Leading UK law firm seeks Patent Attorney in Singapore The successful candidate will be involved in a wide range of work and will also be involved in the strategic direction of the patent practice. This role requires drafting of patent specifications, advise on filing and protection strategies, patent audits and supervising the drafting work of a team of patent engineers. The ideal candidate should have a degree in the field of Electrical / Electronics Engineering with patent prosecution experience …

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Novartis Patent Challenged in the US: More light…

Readers will recollect an earlier post dealing with a potential challenge to Novartis’ Glivec patent in the US. A patent expert who wishes to remain anonymous (we’ve labeled him “X” for the sake of brevity) throws more light on this case. We thank X for taking the time to share these extremely incisive comments. “The first P-IV ANDA was filed in March 2007. From the Livemint report, it appears that the FDA did not accept the ANDA (this could happen …

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America, India, Agriculture & IPR

When George Bush flew down to India in March ’06, he visited, my hometown, Hyderabad like his predecessor Clinton. However unlike Clinton who headed for Hi-Tech City, which is the software hub of Hyderabad, Bush visited the Archarya N.G. Ranga Agri University, where according to a press release “the President patted a buffalo named Murra” and “cuddled 4-year-old Venkatamma”. The reason for the visit was the fact that Bush was formalizing an agreement which came to be known as the …

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