LALL & SETHI

Broadcasting

Broadcasters to drag Trai to court over tariff freeze order
October 09, 2007: Indiantelevision.com Team

Drawing fire over the tariff freeze order in non-Cas areas, broadcasters are planning to take the Telecom Regulatory Authority of India (Trai) to court. "This time they have gone too far, and we shall not take this lying down," a top channel official said and confirmed that they would be taking Trai to court for passing an order through a "totally opaque" process.  more...
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Trademarks

SC to hear Godrej Sara Lee trademark row on Nov 21
October 08, 2007: Business Standard

The Supreme Court has posted Godrej Sara Lee’s trademark case against a Delhi-based company for hearing on November 21.  Godrej has sought to restrain Knight Queen Industries from using the trademark Knight Queen, which it says is deceptively similar to its trademark Good Knight.  Godrej had challenged the Bombay High Court order dismissing its petition for lack of any similarity between the trademarks in terms of writing style and label.  Alleging that “it is a clear case of similarity between the two trademarks,” Godrej said the Delhi firm had copied the mark Knight Queen in a similar manner with same spelling, writing style and fonts as that of Good Knight.  more...
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Domain names

Internet names for Asia launched
October 09, 2007: BBC news

China's .cn domain is becomingly increasingly popular. The .asia regional internet domain has officially opened for business, with big firms expected to grab addresses. Governments and companies can now register interest in specific domain names, such as www.namehere.asia. Companies will be able to register domains for which they own a trademark and governments will get a chance to earmark those on a reserved list. The general public will get a chance to snap up their own .asia domain when the landrush starts in February 2008.  more...
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Patents

GSK withdraws Trizivir patent application ‘in public interest’
October 10, 2007: Livemint.com

British drug maker GlaxoSmithKline Plc. has withdrawn its Indian patent application for its antiretroviral combination drug Trizivir, the second time in a year that it has pulled such a request. Last year, the company had withdrawn a patent application for its popular anti-HIV combination drug Combivir following protests from health activists and non-government organizations. Trizivir is a fixed-dose combination tablet containing three drugs, lamivudine, zidovudine and abacavir sulfate. Glaxo had received the US Food and Drug Administration approval for this first three-drug combination tablet for HIV treatment in 2005.  more...
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IBM withdraws ‘outsourcing of services’ patent application
October 10, 2007: Sify.com

International Business Machines Corporation withdrew its application for patent of ‘outsourcing of services’ (for software) that covers analysing workflows, skills and economic costs, and sending jobs to cheaper countries, including India. Last year, the $91-billion American IT major filed a patent with the United States Patent and Trademark Office for ‘outsourcing of services’. It said the work involved “services that are performed by those other than employees within the subject company utilising the present invention (of IBM). Outsourcing is often performed in countries where cheaper labour prices and/or cheaper materials are available,” the application available on the US Patent and Trademark Office Web site said.  more...
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Government ready to change structure of appellate board
October 09, 2007: Livemint.com

The Union government has told the Madras High Court, which is hearing a petition filed by Swiss drug major Novartis AG challenging the appointment of former patent controller S. Chandrasekharan on the Intellectual Property Appellate Board (IPAB), that it is ready to make a revision in the structure of the board. Novartis is challenging the Chennai patent office’s decision to reject its patent application for Gleevec, a blood cancer drug, last year. The rejection took place when Chandrasekharan was supervising India’s patent administration.  more...
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TVS seeks SJM leader Gurumurthy's help in patent row
October 08, 2007: Economic Times

TVS Motor has roped in prominent SJM leader S Gurumurthy to mediate in its ongoing patent tussle with Bajaj Auto. Both the companies are keen to settle the issue without litigation, and serious intermediation is underway. Mr Gurumurthy was earlier involved in the 2003 agreement hammered out between the Rahul Bajaj and Shishir Bajaj factions in the Bajaj family dispute. That agreement has now been terminated.  more...
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Orchid sued by Roche, Sepracor over generics
October 03, 2007: Business Standard

Orchid Chemicals & Pharmaceuticals, an Indian drugmaker, was sued by Sepracor and Roche Holding over plans to sell two new generic drugs in the US.  Orchid is seeking the US Food and Drug Administration approval to introduce generic versions of the allergy pill Clarinex, for which Sepracor owns patent rights, and Roche’s osteoporosis drug Boniva. Both drugmakers sued last week in the Federal Court in Newark, New Jersey, to block the approvals until patents expire.  Clarinex, which first received regulatory approval in 2001, is the successor to the allergy pill Claritin, a medicine now available in the US without a prescription.  more...
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Authoritative Decision of Supreme Court of India on Domain Name Dispute

Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

Lall & Sethi Tsunami Relief Efforts

Broadcast & Entertainment Sector Newsletter