Spicy IP Weekly Review: December Week 4

Image from here This week has understandably been a little slow in terms of the posts, given most of the team are busy just like the readers to celebrate the end of yet another eventful year. Prashant started it off with the announcement of a taxation law conference jointly hosted by NLSIU, Bangalore and Tax India Online, due to be held on January 6, 2013 at Bangalore, which will be focusing on the developments since the proposed introduction...

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Patent Office grants Polymorph Patent after rejecting S.3(d) Objection

Image from hereIn a rather interesting turn of events, the Indian Patent Office has recently granted patent for the polymorph of a known compound, notwithstanding objections u/s. 3(d) of the Patents Act, 1970. Following are the details of the judgment: Application Number: 106/DELNP/2008 Applicant’s Name: M/S ALFA WASSERMANN S.P.A., Italy. Date of Decision: December 26, 2012. Controller’s Name: Hardev Karar, Deputy Controller of Patents and Designs,...

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Guest Post: Pharma patent developments in 2012 - A review

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The IPO’s draft guidelines for biotechnology patents – A cause for worry?

Image from hereClose on the heels of finalizing the guidelines for examination of patent applications related to traditional knowledge (TK) and biological materials, the Controller General of Patents has recently published guidelines for the examination of ‘biotechnology patents’. The guidelines can be accessed over here and the public notice can be accessed over here. Comments on the same are due by the 11thof January, 2013. I invite our readers...

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Off-topic: Lowering the Bar at the Delhi High Court

Image from hereUsually, I try to keep away ‘off-topic’ issues on the blog but some of the recent events at the Delhi High Court, involving the boycott of Justice Valmiki Mehta are simply too shocking to ignore and I felt compelled to discuss the issue on the blog. Apparently, upset with the way in which Justice Valmiki Mehta was running his court room, the Delhi High Court Bar Association (DHCBA) resolved through its executive committee that “members...

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SpicyIP Events: The First NLS-TIOL Taxation Law Conference

The Moot Court Society of National Law School of India University, Bangalore, in association with Tax India Online, is organising the 1stNLS-TIOL Taxation Law Conference on 6th January, 2013 along with the NLS TIOL Moot Court Competition. The Conference seeks to trace out the developments since the proposed introduction of General Anti-Avoidance Rule in the Finance Act, 2012. While the Shome Committee has made certain recommendations that provide clarity with respect to the application of GAAR, some recommendations are a cause for concern. Further,...

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Spicy IP Weekly Review: December Weeks 2 and 3

For the readers of Spicy IP, we bring yet another sum-up of IP news and events in the past few days to mark the festive season. It started with Rajiv coming up with the list of the 102 decisions that the Controller’s Office has come up with in November, 2012.  Image from hereThis was followed by a guest post from Snigdha Roy, a 3rd Year student from GNLU, as the first installment in the Spicy IP Fellowship post-series. She discussed some of...

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Filing rectification application under the GI Act, 1999

[*Long Post] As you are aware of, rectification application can be filed under Section 27 of Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”). I intend to examine whether the aforesaid provision allows filing of rectification application on the ground of public interest. I shall argue in affirmative relying on the Supreme Court judgment in Hardie Trading Ltd. and Anr. v. Addisons Paint and Chemicals Ltd. (“Hardie Trading Ltd”) and IPAB order in Payyannur ring [covered here]. Prashant had earlier inter alia...

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