"IP" Centric Law Degree by IIT-K Threatened

As some of you may be aware, a generous bequest by US billionaire Vinod Gupta helped kickstart the Rajiv Gandhi School of Intellectual Property law (RGSOIPL), India’s first specialised law school, focusing on intellectual property law (IP). This school, which is based out of IIT-Kharagpur has been operational since 2006 and has strong ties to the George Washington University law school, one of the top IP law schools from the US. Although this law school does not only teach IP, […]

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Customs Authority as Copyright Watchdogs: A Welcome Initiative?

It all started with an order dated 28.03.2008 passed by the Commissioner of Customs (Export), JNCH, Nhava Sheva, in the matter of AMI International v. Commissioner of Customs (Export), MANU/CM/0028/2009, confiscating 626 cartons of Printed Books that were being consigned from Mumbai by a company named M/s Ami International, to the Ethiopian Ministry of Education. On examination, it had been found that the books under export were not original books, but photocopies of the same (as many as 23 different

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Part II: Novartis feels the heat of the Indian Summer. What is the fate of similar applications filed by Indian Manufacturers?

Following the concerns raised over allegations of lack of uniform standards of the Indian Patent Office in part I of this post series, this post attempts to put forth details of the various patent applications made by Indian companies (claiming patent for variants of imatinib mesylate). The aim is to get readers familiar with this area to comment on the possible outcome of these applications given the rigorous Section 3(d) standards as introduced applied in the Novartis case. To reiterate,

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Ramkumar Loses Case Before Indian Customs Authorities

Indian customs authorities recently held against Ramkumar in a legal saga involving a patented dual SIM technology. By way of background, Ramkumar asserted patent rights over dual SIM enabled cell phones against several importers including Hansum India, Samsung and Micromax. While many of the smaller importers caved in and paid Ramkumar to have their consignments released by customs authorities, bigger players such as Samsung refused to pay and challenged his claims before customs authorities. As we’d noted several times on

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Part I: Novartis feels the heat of the Indian Summer. What is the fate of similar applications filed by Indian Manufacturers?

In an article titled “India rejects Patent to Glivec’s Second Variant,” the Business Standard reported that the Swiss drug manufacturing multinational, Novartis AG, had been dealt with another blow by the Indian Patent Office. The Patent Office, in its March 30 ruling, accepted the pre-grant oppositions filed by Indian drug firms Sun Pharma, Okasa and others against Novartis’s five-year-old patent application over the alpha crystal form of Novartis’s blockbuster cancer medicine, Glivec. This setback follows the steps of the erstwhile

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Bajaj vs TVS: Sai Deepak Cited by Judge

In what must certainly be the greatest achievement for this blog ever since its inception in 2005, Sai Deepak’s incisive analysis in a previous post was cited extensively by the Madras High Court in the latest Bajaj vs TVS round. In pertinent part, an appellate bench of the Madras High Court reversed the finding of the lower court and held that Bajaj had not established a “prima facie” case of infringement in respect of its patented twin spark technology. Consequently,

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SpicyIP Tidbit: Toshiba sues Moser Baer over DVD-R

Moser Baer, India’s leading and the world’s second-largest manufacturer of Optical Storage Media, finds itself at the receiving end of a lawsuit filed by Japan’s Toshiba Corp. relating to alleged patent infringement of recordable DVDs. Reuters reports here that the lawsuit was filed in the US District Court for the Western District of Wisconsin against Moser Baer and seven other recordable DVD manufacturers and distributors across the world (Imation and RITEK are among others) that do not have licensing agreements

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SpicyIP Tidbits: GIs from the deserts and the hills

There are two updates on the GI front from very different parts of the country – the desert sands of Kutch and the languorous hills of the Nilgiris. In an article replete with (standard) misreporting, the Indian Express informs us that Kutchi weavers, bandhini artists from Jamnagar and Ajrak printing craftsmen have applied for GIs, and expect to be granted their respective tags soon. There is a slight possibility (and this is entirely my own speculation) that issues may arise,

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Claim Construction I

In the last few posts, Mr.Basheer has mooted a wonderful discussion on claim construction. One would like to contribute to the same in the form of a few posts on the rudiments of claim construction. Since SpicyIP has very many readers whose knowledge of claim construction is formidable, contribution to the discussion would be greatly appreciated for it would help clarify conceptual comprehension as well as provide pointers to readers in general. The question which usually arises first is why

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The Pharmaceutical Patent Debate: Whither Drug Safety?

The Economic Times reports on a post grant opposition filed by Dr Reddy’s against Chantix, a hugely profitable anti smoking drug patented by Pfizer in India and many other countries in the world. As the name suggests, a post grant opposition is typically filed after the grant of a patent (an opponent is to file such oppn within a year of the grant). And this kind of oppn is subjected to a more stringent review than a pregrant oppn, since

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