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Indian Patent Statistics – September 2014

The Indian Patent Office granted a total of 358 patents and published 3264 patent applications in the month of September, 2014.

GM Global Technologies topped the Grantee list with 14 patents to their name. With a total of 8 patents, Bharat Heavy Electricals Limited followed GM Global at a close second. Qualcomm Incorporated and Council of Scientific and Industrial Research also made it to the Grantee list.

As the applicant for 115 patent applications, Koninklijke Philips Electronics N V topped the Patent Applicant list. Koninklijke Philips Electronics N V was followed closely by Qualcomm Incorporated with 107 applications. BASF SE secured the third place with a total of 43 applications.

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Dr. Jonas Salk – The true Humanitarian

Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the man who made billions of kids stand on their own legs, a small tribute to the great soul will be given by narrating the story of how, not owning a patent saved millions of lives and still counting!

Polio or Poliomyelitis is an infectious viral disease which generally affects young children and spreads mainly through faecal-oral contact. Caused by the Polio Virus, it infects the brain and cripples the child leaving limbs paralyzed, among other things. During the mid 1900s, there was nothing more deadly in the United States than the rampant Polio epidemic. When Dr. Salk was appointed as the Director of the Virus Research Laboratory at the University Of Pittsburgh School Of Medicine, he was determined to find a vaccine to rid the world of the Polio menace. The National Foundation for Infantile Paralysis funded the project taken up by Dr. Salk and field trials were set up on a massive scale. When the vaccine was finally found out to be successful, Dr. Salk became the saviour of the world. When asked about the patent on the Polio vaccine, Dr. Salk politely stated, “There is no patent. Could you patent the sun?”, owing to the global necessity and vitality of the vaccine.

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Delhi HC restrains use of ‘Valrope’ resulting in a short-lived win for ‘Valprol’

The Delhi High Court, on October 17, 2014, granted an ex-parte injunction against the drug manufactured under the name “VALROPE” by Arinna Lifesciences, in a suit for a permanent injunction, filed by Intas Pharmaceuticals, who owns the registered trademark “VALPROL”, which is used to treat Epilepsy.

Intas Pharmaceuticals, with its headquarters established in India and worldwide market presence, is a company engaged in research, manufacture, development and marketing of drugs for human and animal care. In the order (CS(OS) 3197/2014) granting injunction, the Delhi HC has recognised the well-knownness of the drug sold under the trademark VALPROL by Intas Pharmaceuticals.

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Weekly Warm up with Sinapse!

SONY/ATV CONSIDERS DUMPING BIG LICENSING FIRMS

…Leading music publishing company, Sony/ATV stated that it will soon dump the licensing firms that it is associated with, such as ASCAP and BMI and will try to make deals directly with services that provide licensees to stream music, licensees such as Youtube, Pandora and Spotify. By doing this, earnings of the top artist will get hiked.

EVOLUTION OF 4G-LTE TECHNOLOGY

…With increasing demand for internet speed, use of 4G has become a dream for every person. This post talks about the evolution of 4G from 3G and its specific features which differ from 3G. For this evolving technology, there are patents which are being filed. Recently, Huawei won over ZTE in a suit, claiming US$ 250,00,000 for each violation. Continue reading

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British HC orders biggest Website-Block in history

We like to thank IP Kat for bringing to our notice a one of a kind case last week. The High Court of England and Wales ordered the biggest website blocking with a single application in Cartier International and Others vs BSkyB and others [2014] EWHC 3354 (Ch) on October 17, 2014. The claimants which were record companies sought, on behalf of themselves and in a representative capacity on behalf of the members of BPI (British Phonograpic Industry or British Recorded Music Industry) and PPL (Phonographic Performance Ltd.), to block the Defendants, five main retail internet service providers in the UK, from advertising and selling counterfeit goods.

The biggest site-blocking injunction was passed pursuant to Sec. 97A of the Copyright Designs and Patents Act 1988 (CDPA) which entrusts the HC with the power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.

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Think Tank for Indian IP Policy

Amidst pressure from the USTR, from the Indian Government’s initiatives to push the ‘Make in India’ program, and from the need to build confidence in foreign companies looking to invest in India, the Ministry of Commerce and Industry, which published a document on India’s IP Strategy in July, has announced the formation of a Think Tank, which will assist in devising a National Intellectual Property Policy. In its announcement on Friday, October 25, 2014, the Department of Industrial Policy and Promotion stated that a 6-member team will form the Think Tank. The members of the team include:

Head – Justice Prabha Sridevan, Former Chairperson of IPAB and Former Judge of Madras High Court;
Prathiba Singh, Senior Advocate;
Punita Bhargava, Advocate, Inventure IP;
Unnat Pandit, Cadila Pharmaceuticals;
Rajeev Srinivasan, Director, Asian School of Business; and
Narendra Sabharwal, Retired DDG, WIPO.

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Intro to Patent Law and Patentability Requirements – Presentations by Dr. Kalyan Kankanala at NLSIU

The presentations embedded in this post have been delivered by Dr. Kalyan Kankanala in his Patent Law course at National Law School of India University, Bangalore. The presentation on Intro to Patent Law gives an overview of patent philosophy. It covers social, economic and utilitarian rationales and gives an introduction to the tragedy of commons dimension. It also covers the patent life cycle, and public interest aspects of patent law. This presentation is an updated version of the 2013 presentation. Continue reading

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Delhi University to implement Patent Registrations Policy

Delhi University (DU) is in the process of formulating an IPR policy to facilitate the registration of Patents, Copyrights and Trademarks by its students and teachers. Since its inception in 2008, DU’s IPR cell has helped a number of researchers, inventors and innovators manage their IP rights. The policy is expected to address the key questions in the minds of DU students and faculty including – ‘Which research is patentable? What are the legal issues involved? If the student pursues a research using university infrastructure, is the outcome the students’ intellectual property?’

Earlier this year, the Human Resource Development Ministry constituted an IPR Chair at DU which was headed by the Dean of Research till now. Dr. Rekha Chaturvedi, MHRD IPR Chair Professor stated, “Students and researchers need to know what exactly will be patentable while they are pursuing a research. In the lack of a proper policy, researchers are often unaware of the dos and don’ts and face difficulty in dealing with legal and commercial issues. So, we decided to formulate a policy which, once in place, will be strictly adhered to while dealing with such aspects. Clarity on the process involved and the rights of the researchers will encourage more students and teachers to take up constructive research and get it patented”.

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Report on recent Trademark cases

HC rules in favour of L’oreal trademark

In a trademark infringement case filed by L’oreal, Hon’ble High Court of Delhi passed a interim order in favour of L’oreal alleging that various products bearing its trademark were being sold by Brandworld, on the shopping website www.ShopClues.com. Justice G S Sistani restrained Brandworld, an online retailer from “using, manufacturing, marketing, purveying, supplying, selling, soliciting, exporting, displaying, advertising on the online market place through the website www.ShopClues.com, or any other mode with respect to the impugned trade mark L’oreal and L’oreal formative trade mark.”

The Cosmetics company, in addition to trademark infringement, also alleged that Brandworld was in the business of selling counterfeit products over the internet. To substantiate this claim, L’oreal shows evidence of comparison with its own goods.

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President Obama Meets With Prime Minister Narendra Modi Of India At The White House

Copyright Laws catch up with PM Modi for use of photo on FB page

Bimal Nepal, a photographer, has recently claimed that Indian Prime Minister, Narendra Modi, used what seems to be a photograph belonging to Bimal, on his Facebook page, for Deepavali. This photograph, he claims, was taken by him on a festive occasion at home. As news gets around, Bimal is already getting to be the talk of the town during this holiday season. Though he is not threatening to sue Mr. Modi for infringement, Bimal wants to be attributed as the photographer, which only seems fair.

For Bimal to succeed, however, he has to provide satisfactory answers to several questions under the Copyright Law. They are as follows:

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