Section 3 (K)haos: IPAB on Patenting Mathematical Methods

Image from hereThe IPAB recently upheld the Controller’s decision in a mathematical method application (here). In this case the petitioners claimed that they had invented “A Chaos Theoretical Exponent Value Calculation System” which was denied patent protection on the ground that since it was inherently a mathematical method it was excluded from protection under Section 3(k). The invention involved a system which used a mathematical formula...

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IPAB on Descriptive Trademarks

Image from hereThe present case is Overseas Pvt. Ltd. v KRBL Ltd and Anr. The applicants sought to remove the respondent’s registered trade mark ‘BEMISAL’ (868081/class 30). The said mark has been registered in respect of rice as a “proposed to be used” trade mark. A prayer for stay under S. 95 from giving effect to the mark was also asked for. The IPAB denied removal and held in favour of the respondent’s descriptive mark. The applicant contended:•...

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APAA succeeds in getting IPAB a new home in Delhi; also objects to Patent Office fee hike

The Asian Patent Attorney Association (Indian Group), represented by its Secretary, Prathiba Singh has succeeded in getting the Intellectual Property Appellate Board (IPAB) a new residence for its hearings in Delhi. This latest victory for APAA, is a part of a long running litigation which APAA initiated before the Delhi High Court back in 2011. This was the same litigation which led to the appointment of Justice Prabha Sridevan as the Chairperson of the IPAB in 2011. The latest order passed by Justice Bhat of the Delhi High Court, on 18 July,...

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London High Court awards damages against an Indian law firm for professional negligence in patent prosecution

In a recent development, first reported by Kian Ganz of Legally India, the London High Court has reportedly entered a default judgment of £100,000 against Fox Mandal in a lawsuit filed by one of its former clients, Lawrence Karat, alleging professional negligence in a patent prosecution being handled by the law firm. The Legally India story can be read over here. According to the Legally India report: Karat claimed that Fox could not retrieve his case files and a power of attorney was misplaced. A new power of attorney was executed by...

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3(d)-ed by IPAB, Monsanto denied patent on method of producing climate-resistant plants

Image from hereOn July 5, 2013, the IPAB upheld the decision of the Controller against grant of patent to Monsanto Inc. for a method of producing plants which can withstand harsh environmental conditions. Monsanto filed the application in India (2407/DELNP/2006) on May 1, 2006 (priority date of Sept. 29, 2003) for a ‘recombinant DNA molecule for enhancing stress tolerance in plants, recombinant plants and methods thereof’. As is evident from the...

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DIPP refuses CL plea for Herceptin: Health ministry requests Govt to revoke patent in public interest.

In a surprising move,DIPP has taken a decision to refuse grant of CL for anticancer biologic Trastuzumab/Herceptin as reported by Sidhartha of Times of India.Background:Earlier in Nov 2012 and again in March 2013 campaign for affordable trastuzumab (an association of patients and NGO’s) had urged the Govt to take appropriate measures to ensure affordability of Herceptin. Subsequently Trastuzumab was recommended for CL by the health ministry. Read...

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Are Song Titles entitled to IP protection?

Making movie titles from popular song tracks seems to be the latest trend in Bollywood. Off late many movie makers are using super hit song titles to boost a movie’s popularity before its release ( Ye Jawaani hai Diwaani, Ramaiya Vastavaiya, etc.). Clearly, lyricists are not thrilled about this new fad. According to them, movie dialogues and songs in India become a part of the language of the people and sometimes a few lines acquire a huge reputation...

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Special Report: The Curious case of the "A" Files: Is the truth out there?

The recent $500 million dollar fine against Ranbaxy by the U.S. Government has finally sparked some scrutiny of the Indian drug regulatory process and its highly understaffed drug regulator. This comes close on the heels of two damning Parliamentary committee reports indicting our drug regulatory body for cosying upto industry and neglecting the cause of public health... a cause for which they were allegedly set up in the first place.Unfortunately...

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IPAB directs removal of AYUR from the Registry

The IPAB, disposing four miscellaneous petitions in M/s. ITC Ltd v. M/s. Three-N Products Pvt Ltd (dated 28 June 2013) concerning goods in the classes 29 - 32, ordered for the removal of the mark “AYUR” from the Registry. Coming down heavily on the Registrar, the Order noted as follows: “18. It is indeed unfortunate that the Registrar who registered the first mark AYUR for the respondent, had not endorsed that the respondent will not have an exclusive right to AYUR. If he had done that, the respondent may have come up with modifications. Further,...

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Reason should underpin stronger India-US ties and not rhetoric: Mr. Chidambaram at the USIBC leadership summit

In the past week, Union Finance Minister P. Chidambaram addressed corporate leaders, officials and senior leadership from the American Government at the 38th US-India Business Council Leadership Summit. Mr. Chidambaram particularly addressed the allegations of American companies that a strong protectionist regime exists in India especially in the arena of patent protection. The Union Finance Minister attributed these allegations to the "growing challenge"...

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Ghost Post: Performance under Copyright Act restricted to live performance?

A practising lawyer sent me this very interesting ghost post on a possible conflict, in the scope of performance rights, between the Copyright (Amendment) Act, 2012 and the Copyright Rules, 2013. The lawyer in question has preferred to remain anonymous. I think the post raises some interesting issues for debate. I don't think the issue has been raised in any of the constitutional challenges but I'm guessing it should crop up soon enough. Performance under Copyright Act restricted to live performance?While the infirmities in the amendment to...

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Composers & Lyricists hold a ‘flop’ of a news-conference: Crying wolf, once too often?

The composers and lyricists of Bollywood held a press-conference last week, complaining once again about music companies trying to cheat them of their dues and of the attempts being made to circumvent the copyright amendments. (You can see the conference over here) This was the same story before the amendments and frankly, it is getting a little tiring to hear the same old complaints from Akhtar & Co. a whole year after Akhtar promised Parliament...

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SpicyIP Announcement: 4th IUCIPRS Annual National Workshop on Rethinking Intellectual Property Rights (2014)

The Inter University Centre for IPR Studies in association with MHRD Chair on IPR at Cochin University of Science and Technology (CUSAT) has announced the fourth edition of its annual national workshop for law students, 'Rethinking Intellectual Property'. The workshop will focus on 'Copyright Issues in the Entertainment Industry' and will be held from January 16 to 18, 2014. The workshop is open to all undergraduate and post-graduate students...

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