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Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…

BananaIP Reporter Intellectual Property, Patents September 4, 2015 4248Views 0Like

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

Intellectual Property (IP) in India: A Decade of Progress Part 12

Recently, Prime Minister Narendra Modi inaugurated the first National Handloom Day in Chennai, with the aim to resolve various problems faced by weavers. He delved into the question of how to further capitalise on the commercial potential of various handloom products. Since the first Indian GI was registered in 2004, 236 GIs have been registered with the GI Registry of India. Of these, more than half (64 per cent) are handicrafts, more than one fourth (26 per cent) are agricultural products, and…

PIL, IPO and Statement of Working of Patents

This is in furtherance of Kalyan's post, which looked at the issue largely from the philosophical perspective. I endeavor here to look at Statement of Working of Patents from the perspective of the statute and functioning of patent office and its priorities in today’s context. The provisions relevant are: Section 146 Power of Controller to call for information from patentees (1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee,…

BananaIP Reporter Intellectual Property, Patents September 3, 2015 1052Views 0Like

Audi taken for a ride

Delhi based TT Industries, established in 1955, has managed to restrain the famous German auto maker Audi from using the mark “TT” from selling sporting articles, accessories, bags, leather and faux leather goods, or toy cars in India. TT Industries proprietor Rikab Chand Jain, filed a plaint after being aware of, Audi AG using the mark TT, to promote and sell their goods. TT Industries claims to deal in fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Trademarks September 3, 2015 984Views 0Like

Is Statement of Working of Patents For Public Interest?

Working of patents is an integral element of the Indian patent system. In line with the primary objective of patent law, which is to promote the progress of science and technology for public good and economic progress, Indian patent Act specifically mandates working of patents in India. Failing such working, a compulsory license may be granted with respect to a patent , or in the worst case scenario, the patent may be revoked. (See CHAPTER XVI- WORKING OF PATENTS,COMPULSORY LICENCES AND…

BananaIP Reporter Intellectual Property, Patents September 3, 2015 1024Views 0Like

Thomas Edison and his Moving Pictures

“To invent you need a good imagination and a pile of junk “– This is how Thomas Edison received a patent for the Kinetographic camera, a device for viewing moving pictures without sound. Edison patented this invention on August 1891. The camera was a giant step forward from the kinetoscope, which was not regarded as a significant invention by Thomas Edison. Kinetoscope comes from the Greek words “Kineto” meaning “movement” and “scopos” meaning “to watch”. The camera was based on…

BananaIP Reporter Industrial Designs, Intellectual Property, Patents September 2, 2015 1291Views 1Like

IP, Patents for Start-ups and Entrepreneurs XII

IP, Patents for Start-ups and Entrepreneurs (Part- XII): IP Licensing

You have cultivated an IP portfolio for your start up with trademarks, copyrights, patents, know-how, trade secret and designs, what now? These assets of your organization can be retained through their life and can be used tactically to keep competitors at bay. However, there are instances where your IP rights could be shared with others in return for compensation. This is referred known as IP licensing, where if you do an outright sale of the IP asset it is considered…

BananaIP Reporter Intellectual Property, IP for Start Ups September 2, 2015 873Views 0Like

Importance of IP For Start-ups and Entrepreneurs (Part XI): IP Valuation for Start-ups

Starting up can be exhilarating, rewarding, and exhausting. With your focus being on product development, managing investments, building key partnerships, and attracting the right employees, your intellectual property and its role can sometimes be relegated to the backburner. Intangible assets such as Copyrights, Trademarks, Trade Secrets and Patents are playing an increasingly central role in start-ups and their transactions. The creation of intellectual property, it’s licensing and commercialization is the new reality. As a part of any valuation by a…

BananaIP Reporter Intellectual Property, IP for Start Ups September 1, 2015 1090Views 0Like

MSF Initiates Legal Action Against ‘Phantom’

After being banned by the Lahore High Court on the ground of ‘filthy propaganda’, it is now MSF’s (Medecins sans Frontieres) turn to draw the sword against ‘Phantom’, the Indian action thriller directed by Kabir Khan, starring Saif Ali Khan and Katrina Kaif. Phantom, which was released on 28th of August, 2015 revolves around the story of an aid worker who helps a disgraced Indian soldier to assassinate Pakistani extremists, who orchestrated the 2008 Mumbai terror attacks. The trailer of…

BananaIP Reporter Intellectual Property, Media and Entertainment Law September 1, 2015 1206Views 0Like

Intellectual Property (IP) in India: A Decade of Progress Part 11

The post below gives statistical information about the progress made by India with respect to Pharmaceutical Patents. The Indian Patents Act amendment of 2005 ushered in a new atmosphere for the Pharmaceutical industry in the country. The amending act of 2005 made the Patents Act, 1970 substantially compliant to the TRIPS agreement signed by India in 1995. This post seeks to provide a statistical analysis of “A Decade of Pharma Patents in India”. The Pharmaceutical industry has perhaps been one…

BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge September 1, 2015 853Views 0Like

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