LALL & SETHI

Patents

Patent scrutiny stuck in a groove
August 16, 2007: Business Standard

Absence of operational manual that guides examiners, heavy backlog take a toll. Even after two and a half years of the new patent regime, Indian patent offices continue to function without the patent examiners’ Bible — the key operational manual essential to guide patent examiners carry out uniform scrutiny of patent applications. While non-government organisations (NGOs) like National Working Group on the Patent Laws (NWGPL) term this as a grave mistake that is leading to granting of frivolous patents, government officials say the issue will soon be resolved as the draft manual is close to finalisation.  more...

Novartis sues Ranbaxy on hypertension drug copy
August 15, 2007: Business Standard

Novartis, Europe’s third-biggest drugmaker, has sued Ranbaxy Laboratories to block sales of a generic version of the blood-pressure medicine, Diovan, in the US. Ranbaxy, India’s second-biggest drugmaker, is seeking US Food and Drug Administration (USFDA) approval to sell a low-cost version of the drug, whose key ingredient is valsartan. Novartis contends that the drug is protected by a patent which expires in 2012. Diovan is the biggest seller for Novartis, with sales of $1.2 billion in the second quarter.  more...

Indian Patent Act a role model
August 14, 2007: Times of India

With the Madras High Court giving a thumbs up to the Patents Act, the Indian law could soon become a benchmark for developing and poor countries. While those like Philippines have drawn extensively from the Patents Act, nearly two dozen LDCs have discussed ways to provide patents only when there is genuine innovation so that interest of poor are protected. Unlike developing countries like India, the poorer members of WTO, such as Bangladesh, have time till 2016 to introduce a product patent regime.  more...

Novartis ruling sets a trend for A-Pac nations
August 13, 2007: Economic Times

A Crucial provision in the country’s patent law that stood the test of legal challenge by MNC drug maker Novartis is emerging as a global trendsetter. More than 10 countries in the Asia-Pacific region are planning to adopt the much-debated provision which makes it difficult for drug makers to get patent protection for anything less than breakthroughs in pharmaceutical research. The provision describes what sort of pharmaceutical substance is worthy of a patent. The idea is to prevent companies from blocking the entry of cheaper rival products by passing off old medicines in new bottles as patent-worthy inventions. Maldives, Pakistan, Sri Lanka, Vietnam, Indonesia, Malaysia and Bangladesh are actively considering adopting Section 3d of the Indian patent law.  more...

HC suspends hearings in Novartis' Glivec case
August 10, 2007:Economic Times

Hearings in Novartis’ appeal against the rejection of patent for its anti-cancer drug Glivec have been suspended yet again, after the Madras High Court restrained the Intellectual Property Appellate Board (IPAB) for four weeks from proceeding with the appeal.  more...

Side effect of Novartis case could be R&D project delays
August 08, 2007: Financial Express

Following the legal setback to its challenge of Indian patent laws, Swiss drug maker Novartis is now having second thoughts about expanding its operations in the country. Among the projects that could be affected is its planned Hyderabad R&D project. Novartis had proposed an initial investment of about Rs 500 crore, reportedly among the largest R&D investments in India.  more...

Novartis urged not to appeal Indian patent ruling
August 08, 2007: Economic Times

The humanitarian group Medecins Sans Frontieres (MSF, Doctors Without Borders) today urged Swiss pharmaceutical group Novartis not to challenge an India patent law on vital medicines. "We are asking Novartis not to try to take its case against Indian patent law to the World Trade Organisation or any other body," MSF president Dr Christophe Fournier said.  more...

Novartis case should bring changes in Indian laws: USIBC
August 07, 2007: Economic Times

The US-India Business Council (USIBC) has expressed the hope that the Madras High Court's decision in the Novartis case will lead to changes in India's laws to ensure that medical innovation is encouraged.  USIBC's reaction came after the Indian court dismissed a controversial claim by Swiss pharmaceutical giant Novartis that it should be given the right to patent life-saving drugs and prevent their generic production in India.  more...

HIV activists hail Madras HC quashing Novartis patent challenge
August 07, 2007: news.webindia

HIV activists hailed Madras High Court's verdict quashing Swiss pharma major Novartis' challenge to a patent law. The court rejected the challenge, saying it had no jurisdiction on whether Indian patent laws complied with intellectual property rules set by the WTO, as Novartis had questioned. French charity Medecins Sans Frontiers (MSF) said the decision would discourage the practice of pharmaceutical corporations suing developing countries putting public health over patent considerations.  more...

Swiss govt not to take Novartis case to WTO
August 07, 2007: Business Standard

The government of Switzerland would not be taking up the Novartis allegation of non-compatibility of Indian patent law with Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement to the dispute settlement board of the World Trade Organisation (WTO). The Swiss government never gets involved in any judicial pronouncements of other countries.  more...

India, Switzerland sign pact on IPR issues
August 08, 2007: The Hindu

India and Switzerland signed a memorandum of understanding (MoU) on safeguarding intellectual property rights (IPRs). The agreement envisages setting up of a joint committee to develop a dialogue on issues of intellectual property. The MoU was signed by Union Commerce and Industry Minister Kamal Nath and Federal Councillor of Swiss Confederation's Department of Economic Affairs Doris Leuthard.  more...

Indian cos make impressive foray in Pakistan
August 12, 2007: Express India

India Inc is steadily making inroads into Pakistan with as many as 424 Indian companies, manufacturing consumer goods, registering their products with Trademark Registry of the Intellectual Property Organisation in this country. There had been substantial increase in registration of trademarks by the Indian firms with the opening of formal trade between the two countries in 2003. Forty-five Indian products were registered with the Trademark in 2003, 92 in 2006 and about 43 in the first six months of 2007.  more...

Trademarks

HC restrains Atlas Products from using 'Atlas'
August 15, 2007: Economic Times

The Delhi High Court has restrained bicycle maker Atlas Products Pvt. Ltd. from using 'Atlas' as a part of its corporate or trade name. The Defendants are retrained from using the word 'Atlas' in their corporate name/trade name in respect of bicycles and bicycles parts. The judgement came on a suit filed by leading bicycle manufacturer Atlas Cycles (Haryana) Ltd challenging a single judge order which restrained Atlas Products from using trade mark 'House of Atlas' in respect of bicycles but allowed the latter to use the brand name 'Atlas' as its corporate name.  more...

Godrej moves SC over trademark row
August 12, 2007: Economic Times

Godrej Sara Lee has moved the Supreme Court seeking to restrain a Delhi-based company Knight Queen Industries from using the trademark 'Knight Queen,' which allegedly is deceptively similar to its own trademark 'Good Knight.' A bench headed by Justice S H Kapadia has sought response from Knight Queen Industries as to why it should not be restrained from using the trademark. Godrej has challenged the Bombay High Court order dismissing its petition for lack of any similarity between the trademarks in terms of writing style and label.  more...

Red Cross faces logo suit
August 10, 2007: The Telegraph

Pharmaceuticals giant Johnson & Johnson is suing the American Red Cross, demanding that the charity stop using the symbol of a red cross on a white background on products it sells to the public. The company said it has had exclusive rights to use the trademark on certain commercial products — including bandages — for more than 100 years. It argues the Red Cross is only supposed to use the symbol in connection with non-profit relief services.  more...

Patents

Indian Court Ruling Will Discourage Investments in Innovation - Novartis
August 06, 2007: AGIP news

A decision issued in an Indian court will have long-term negative consequences for research and development into better medicines for patients in India and abroad. The High Court in Chennai dismissed the writ petition challenging the constitutionality of Section 3(d), and deferred to the World Trade Organization (WTO) forum to resolve the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) compliance question.  more...

Madras High Court dismisses Novartis' petitions
August 07, 2007: The Hindu

The Madras High Court dismissed two writ petitions filed by Novartis AG and Novartis India Limited challenging the constitutional validity of Section 3(d) of the Patent (Amendments) Act 2005.Through a separate statutory appeal, the company questioned the rejection of its application to patent the beta crystallite form of imatinib mesylate, also called Glivec, in the Intellectual Property Appellate Board. Among other reasons, the company stated that the Section was not compatible to the agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) and that it was vague, illogical and arbitrary.  more...

World opinion was against Novartis
August 07, 2007: Economic Times

The news that the Madras High Court has rejected the appeal by the Swiss pharma giant Novartis challenging the constitutionality of section 3(d) of the 2005 Indian Patents Act as being outside its jurisdiction to decide on whether the Act is in accordance with trade related aspects of intellectual property rights (TRIPS) agreement or not is still being digested in Basel. The Act was passed by India's parliament as a safeguard against the misuse of the product patent. This Madras High Court ruling only takes care of one of the two appeals by Novartis.  more...

Anti Piracy

Beijing rebuffs US over WTO pirated goods case
August 16, 2007: Financial Express

Beijing objects to an attempt by the Washington to use the World Trade Organisation to impose new obligations on China to crack down on pirated goods. The United States argues that slipshod Chinese rules have led to a booming industry in pirated American goods, including movies and software, costing American firms billions of dollars. But Wang said China's IPR regulations are fully in line with the WTO's agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).  more...

US asks WTO to rule in piracy dispute with China
August 14, 2007: Financial Express

The Bush administration asked the World Trade Organisation to rule in a complaint against China over piracy of copyrighted movies, music, software and books, escalating a dispute that has roiled commercial relations. The US Trade Representative's office took the formal step of asking the Geneva-based arbiter to decree that China's laws fall short of international agreements after consultations failed to resolve differences over what the US argues are weak Chinese laws to safeguard patents and copyrights.  more...

CLIENTS LOGIN

LALL & SETHI

                               ADVOCATES

  Flat No – 501 A

  5th Floor, Amrit Building

  Plot No – 15

  Carter Road, Khar (West)

  Mumbai - 400 052
  Ph : 91-22- 2646 5707   

  Fax : 91-22- 2646 5712

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