Bajaj-TVS Dispute: SC Permits Temporary Sale of Flame, TVS to Maintain Accounts of Sale

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In a crisp order on the Bajaj-TVS patent dispute, the Supreme Court ordered that TVS shall be entitled to sell its motorcycle ‘Flame’, but shall maintain an accurate record of all its domestic and international sales. It has asked the Hon’ble Madras High Court to appoint a receiver in this connection. The Court clarified that its observations did not in anyway reflect its position on the merits of the case and the same shall be borne by the Single Judge […]

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A Break From SpicyIP

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For reasons, both personal and professional, I’ve decided to take a break from SpicyIP and from mainstream IP for a while. The break is rather indefinite at this stage. But please be assured that SpicyIP itself will continue and our stellar team of bloggers will continue to tickle your IP sensitivities with their thoughts. Also, I will post once in a while on issues that I deeply care about. I want to thank all of you for your continued patronage

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Patent Oppositions in India: The "Efficacy" of Section 3(d)

/ By / Patent

Last week, CH Unnikrishnan of the Mint reported on a study that I had conducted with my research associate, Souvik Guha. Let me highlight some of the findings of this study prior to moving on to Unni’s report. After reviewing a slew of information from the Indian patent office website, we found as follows: i) The total number of pharmaceutical applications filed between 2005 and 2008 were around 9719. ii) The number of pharmaceutical patents granted during the above time

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Advanced Patent Drafting Workshop Being Organised by CII

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Confederation of Indian Industry & Andhra Pradesh Technology Development and Promotion Center is organizing an Advanced Patent Drafting Workshop on Patent Drafting & Technical Skills(Better Training, Better Writing and Better Patents) Date: 5-6 October 2009 Venue: National Academy of Agricultural Research Management Campus, Rajendra Nagar, Hyderabad 500 407 Fee Structure per delegate: Rs. 5000/- India is growing in technology in leaps and bounds yet there exists a dearth of professionals who understand the dynamics involved in the field of Patent

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Guest Post: Copyright term extensions and constitutionality with reference to Eldred v. Ashcroft

/ By / Copyright

SpicyIP is pleased to bring to its readers a guest post by Nirajan Man Singh who is a recent graduate from NALSAR. COPYRIGHT TERM EXTENSIONS AND CONSTITUTIONALITY WITH REFERENCE TO ELDRED V. ASHCROFT “Old books, songs, and movies should flow continuously into the public domain. But the Congress keeps bowing to publishing companies that want to prevent works from ever being available for free. Every time Mickey Mouse threatens to go to the public domain, the lobbyists go to work

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PPL Extortion Takes a Turn for the Worse: Will the Government Please Step in?

/ By / Copyright

It is lamentable that despite our posts documenting the extortionist tactics of PPL and questioning its non transparent mode of functioning, things have only taken a turn for the worse. SpicyIP now has some damning evidence in the form of letters written by PPL to one of its victims, that reek of high handedness, intimidation, arrogance and worst of all, an utter and brazen ignorance of the law. Clearly this is one organisation which continues to operate under the “legal

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Proposed Copyright Amendment Bill

/ By / Copyright

In the recent past, there have been a proposed set of amendments to the Copyright Act, which however, seem to be having a little trouble getting beyond the draft bill stage. While not much progress has occurred after this initial draft bill stage, the proposed amendments themselves are quite noteworthy. Indeed, back in 2006, there appears to be a response by ALF and a group of other NGOs to the HRD ministry with regard to certain proposed amendments. The draft

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The Doctrine of Equivalents: An International and Comparative Perspective

/ By / Patent

The Yale Journal of Law and Technology recently published an article in memory of the late Sir Nicholas Pumfrey, who unfortunately passed away at the fag end of 2007. A gregarious judge who had a stellar reputation for getting to the root of a technology in a patent dispute even before counsels explained it to him, Lord Justice Pumfrey was also acclaimed as one of the “nicest” UK judges. The IPKat did a short obituary, which elicited some very touching

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Wanted: Scientific Advisors to Assist Courts

/ By / Patent

The Indian Patent Office has called for applications for the post of Scientific Advisors to assist Courts in patent infringement suits or any proceeding under the Patents Act (Section 115, Rule 103). Applicants must be: Those with a degree in science, technology, engineering or equivalent With 15 years of practical or research experience and Must hold or have held a “responsible post” in a scientific or technical department of the Central or State government or in any organization. The last

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The Copyright Office: Kind of Blue

/ By / Copyright

The first phase of the “modernization of the Indian Copyright Office” is on track, with the Office sporting a new blue online avatar. Long long overdue, is all I have to say. The domain name has not changed – copyright.gov.in – but the site is transformed from what it used to be until recently. You can see in this post screengrabs of the Old and New Copyright Office website (Left: Copyright Office Now – note to self: will not make

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