Manupatra Annual Essay Competition 2009

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Scarce few in the legal community need to be reminded of the significance that Manupatra has attained till date as the provider of invaluable service including but not confined to a comprehensive repository of legal information, case-laws and assorted matters. Since 2004, Manupatra has become involved in organizing a much-acclaimed Annual Essay Competition for law students with an aim to encourage and promote creative thinking and knowledge of legal understanding and research amongst the student community. The time has now […]

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Troubling times for Indian Generic Companies

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Seizure at Frankfurt A consignment of about 3 million pills of Amoxicillin, representing about 76,000 courses of treatment for a range of bacterial infections, were stopped at the Frankfurt airport on May 5th, on the suspicion that they might be infringing upon the trademark of a brand-name antibiotic. These drugs were on their way to Vanuata, a small LDC comprised of an archipelago of 83 islands. On May 20th, GSK attested that the seized drugs are not in violation of

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Design v. Copyright- Need for a Clear and Rational Distinction- II

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In the last post, I had given a prelude to the controversy surrounding s.15 of the Copyright Act stating that (1) anything that is an “artistic work” under the Copyright Act cannot be protected under the Designs Act, 2000 and (2) a work which is capable of being registered as a design under the Designs Act, 2000 would not be entitled to protection of any kind from either the Copyright Act or the Designs Act, 2000 so long as it

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South Africa’s Bayh Dole Regulations

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While India is awaiting parliamentary consideration for its own Bayh Dole Bill, another developing country, South Africa has just come out with Draft Rules (available here) for its own version of this IP legislation. The new Rules as well as the new Act itself, which was initially circulated in some secrecy, is sparking a debate between two sides. One side is claiming that it is unconstitutional, that it may stifle innovation and that it breaches WHO commitments. While the other

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Patents, Public Interest and Pricing

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In M.C. Jayasingh v. Mishra Dhatu Nigam Ltd. & Ors. the division bench of the Madras High Court dismissed an appeal filed by the Appellant – Plaintiff against the decision of a Single Judge disallowing the interlocutory application of the Plaintiff.         The facts in brief are as follows: The Appellant – Plaintiff had filed an infringement suit against the Respondents – Defendants on the ground that the latter were infringing his patents for prosthesis, more specifically,

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The Mint Is Looking for Legal Correspondents

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The Mint, a leading business paper, is looking to hire legal correspondents/analysts. Pay will be commensurate with the best in the industry (and will depend on years of experience etc). So for those of you looking to combine law with journalism, this presents a great opportunity. If interested, please write to Anil Padmanabhan ([email protected]), Deputy Managing Editor, Mint for further details. Also, please pass this on to folks that might be interested. As many of you are aware, we’ve often

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The Dual SIM (Ramkumar) Patent Murder: Vikas Partner Arrested

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The Hindu reports that Rajamani, one of the partners in Vikas Systems (the collection agency that worked for Ramkumar) was arrested for the gruesome murder of Sankaran Diwakaran: “One person was arrested on Wednesday in the case pertaining to the murder of a businessman, Sankaran Diwakaran, in K.K.Nagar on May 1. The arrested person, Rajamani, was a partner in the victim’s company. Business rivalry has been cited as the motive behind the murder. Sankaran Diwakaran was hacked to death by

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Design v. Copyright: Need for a Clear and Rational Distinction- I

/ By / Copyright, Design, Overlaps in IP

In an earlier post, Mihir had crisply and clearly brought out the conundra posed by s.15 of the Copyright Act in drawing a distinction between works protectible under the Designs Act and those which may be bestowed with copyright protection, using 2 judgments delivered by the Delhi HC, one by the Division Bench in Rajesh Masrani v. Tahliani Design and the other by a Single Judge in Microfibres v. Giridhar. On the 28th of last month, the Division Bench of

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Delay in Filing a Power of Attorney(POA): Does it Prejudice a Patent Application?

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A quick query for our readers in the know: Although the Indian patents act requires the filing of a power of attorney (POA) along with the patent application, my understanding is that this can be filed at a later stage as well. And attorneys routinely file this later (after date of filing the application). Is this correct? Do our readers know what the global practice is in this regard? Do the USPTO, EPO, JPO etc require the power of attorney

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Introducing GIIP: A Leading Indian IP Training Institute

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I have the great pleasure of introducing the Global Institute of Intellectual Property (GIIP) to our readers. Many of you are likely to have already heard of this leading IP training institute that has notched up a commendable reputation in the short span of 2 years that its been around. GIIP, headquartered in New Delhi is the brainchild of the legendary silicon valley entrepreneur and TIE founder, Kailash Joshi. With a recently opened branch in Bangalore and a new collaboration

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