LALL & SETHI

Patents

Yoga devices and accessories patented in United States
August 19, 2007: The Hindu

India might have succeeded in cautioning the U.S. Government against granting patents to yoga postures (asanas), but it has failed to ensure that devices and accessories used in yoga are not patented by the U.S. firms and individuals. The United States Patents and Trade Mark Office (USPTO) database shows that it has granted as many as 168 patents to yoga-related devices and accessories used in conducting exercises that include yoga mattresses, grip blocks and yoga socks, besides some devices used for doing stretching exercises.  more...

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...

Government to implement slew of measures for IPR development
August 18, 2007: Economic Times

The government is planning to invest Rs 300 crore over the next five years to modernise Intellectual Property offices in the country with a view to taking them on par with global standards.  It has recently completed a Rs 153 crore modernisation programme for setting up modern integrated intellectual property offices at Chennai, Delhi, Kolkata and Mumbai.  An additional Rs 300 crore would be invested over the next five years to further modernise IP Offices so as to make them world class.  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...

Infotech

American Airlines sues Google
August 20, 2007: Economic Times

American Airlines, the world's largest airline, has sued Internet search leader Google Inc for selling search words involving its name. The claim is the latest in a string of cases filed worldwide by businesses that argue Google's pay-per-click advertising system, its main source of revenue, is used unfairly by competitors to grab business. The Web search company has prevailed in at least two similar US cases, including a lawsuit brought by auto insurer GEICO, but still faces trial later this year in California by American Blinds and Wallpaper as well as overseas claims.  more...

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