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Tamil Nadu :Duplicate products seized; five arrested
Duplicate electrical products and auto parts of leading companies were seized at Hosur in Krishnagiri district and Dharmapuri town in Dharmapuri district recently.
Police personnel conducted raids at electrical shops and on auto parts sellers along with members of a private firm Enforcers of Intellectual Property Rights and recovered fake products worth Rs. 3.95 lakh.
In Hosur town, police raided the shops on Old Bangalore Road and seized duplicate products worth Rs. 75,000. Two persons - Prakash Chand (22) and Karnaram (45) were arrested. Police have filed cases under Sections 486 and 420 of IPC and Sections 77, 78 and 79 of Trade and Merchandise Marks Act.
In Dharmapuri town, police raided electrical and automobile parts shops on Arumaga Achari Street and Rajagopala Goundar Street and recovered duplicate products worth Rs. 3.20 lakh. Krishna Ram (21), Pasupathi (48) and Pandurangan (52) were arrested in this connection.
Police have filed cases under Sections 51 and R/W 63 of the Copyrights Act.
Latha Jishnu: Setting aside Bayer's 'spurious' claims
Two weeks ago Justice S Ravindra Bhat of the Delhi High Court dismissed with costs the writ petition filed by the German pharmaceuticals giant Bayer Corporation against the Union of India, the Drug Controller General of India (DCGI) and Cipla. The importance of Justice Bhat’s judgment cannot be overestimated. It is a clear — and sharp — judgment that puts paid to attempts by foreign companies to modify India’s regulations to suit their commercial interest.
The judge characterised the litigation as “a speculative foray; an attempt to ‘tweak’ public policies through court mandated regimes” and, in a first of its kind, awarded costs of Rs 6.75 lakh. The amount, far from being punitive, is to be shared by the government and the third respondent Cipla, one of India’s top drug companies. However, the point that the judgment makes is strong: Companies with deep pockets may “achieve short term goals of keeping out competitors through interim orders” but the court will impose ‘realistic costs’.
Rs 695 in stores, Rs 150 on streets, Jaswant book a sellout everywhere
Expelled BJP leader Jaswant Singh’s controversial book on M A Jinnah is selling not only in its original form at legitimate bookstores, but also in pirated prints on the pavements.
Jinnah India-Partition Independence costs Rs 695 if you want an original from Rupa Publishers. The cost of a pirated version varies, as low as Rs 150 for those who can bargain and as high as Rs 250 for those who cannot.
At Bandra station, outside the ticket booking office on the west side, a street stall owner says he has not stopped selling copies for a week. “Every morning, I get around eight to 10 copies; by 5 pm, they are all sold out,” he says.
This vendor starts off by asking for Rs 250. “It costs Rs 700 in a big store,” he says, but later agrees to sell for Rs 180. By 3 pm on Sunday, he has just two copies left. He refuses to say where the stock comes from.
At Colaba, Fountain and Churchgate, at railway stations and signals, bargains are being sealed between Rs 150 and Rs 250. A buyer at Fort says, “The cover and the pages are of poor quality and the print is smudged at places, but it’s Ok for a quick read.”
Financial Express : Film body ropes in pvt players to check piracy
Anti piracy has again come to the fore for the Hindi film industry. The anti-piracy arm ICRA (Indian Cinema Rights Association) set up by some of the big companies in the industry, UTV Motion Pictures, Big Pictures and Moser Baer have stepped up its drive in Delhi and Mumbai—the hubs of film piracy.
To sharpen intelligence gathering, ICRA has roped in a Delhi-based consultancy called Assiduous, which has a network of people in places like Hyderabad and Mumbai. ICRA was set up about a month ago. Officials recently conducted raids in Maharashtra and Haryana, which resulted in seizure of close to 60,000 CDs and DVDs of various movies, including the recent releases Kaminey and Agyaat.
The anti-piracy efforts have reasons to be stepped up. A report published by US-based think tank RAND Corporation says video piracy worldwide is becoming a conduit for terrorism. For India therefore the implications are significant.
Chennai : 26665 Pirated videos seized
As many as 26,665 VCDs containing pirated version of latest Tamil and other language films were seized in a State-wide raid conducted by the Crime Branch CID police. Under the instructions of the Additional Director General of Police (Crimes) R. Sekar, special teams arrested 41 persons for indulging in the manufacture and sale of pirated VCDs.
Besides the VCDs, computers and electronic gadgets used by the suspects were also seized, a press release said.
Financial Express : Incremental pharma innovation in patent regime to benefit local firms says USIBC
Expanding the scope of India’s current patent regime to include incremental pharma innovation would benefit the domestic pharma players, according to a study commissioned by the US India Business Council, which was released on Wednesday.
Citing statistics from the National Knowledge Commission's studies, which show that around 76.4% of Indian pharma companies have introduced incremental pharma innovation in recent years while only 37% of them have been able to manage breakthrough innovation, USIBC makes a case for patent regime, which doesn’t entail wholesale exclusion of patent based on modifications, new dosing, new delivery system, the most common forms of incremental pharma innovations.
Further, the USIBC projects that by 2015, the share of incremental pharma market would account for $7 billion, almost 30% of the total pie of $20 billion Indian pharma market.
Traditionally, the government, the policy makers and the judiciary have not favoured grant of patent to incremental pharma innovations.
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Expanding the scope of India’s current patent regime to include incremental pharma innovation would benefit the domestic pharma players, according to a study commissioned by the US India Business Council, which was released on Wednesday.
Citing statistics from the National Knowledge Commission's studies, which show that around 76.4% of Indian pharma companies have introduced incremental pharma innovation in recent years while only 37% of them have been able to manage breakthrough innovation, USIBC makes a case for patent regime, which doesn’t entail wholesale exclusion of patent based on modifications, new dosing, new delivery system, the most common forms of incremental pharma innovations.
Further, the USIBC projects that by 2015, the share of incremental pharma market would account for $7 billion, almost 30% of the total pie of $20 billion Indian pharma market.
Traditionally, the government, the policy makers and the judiciary have not favoured grant of patent to incremental pharma innovations.
Financial Express : ‘Stringent IP enforcement will limit access to generic drugs’
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ivil society organisations, led by Centre for Trade and Development, have sent a strong missive to the Confederation of Indian Industry (CII), urging it to be careful about associating with multinational corporations and developed countries that are keen to push more stringent intellectual property (IP) enforcement laws in India . The letter is in response to an international conference recently hosted by CII to enhance IP standards and their enforcement.
Stressing that stricter IP enforcement laws will limit the access of life-saving generic drugs to people in developing countries, the letter asks CII to “not view IP as only a business tool” but also look at the larger scheme of things, given India’s social and economic realities.
The letter also pointed to the controversial seizure of generic drugs shipped from India to Africa by customs authorities in the European Union. Though the drugs were not patent-protected in India or the consignee countries, EU authorities seized them in transit, arguing that the rights of patent-holders in Europe were being infringed. Freedom of transit for legitimate trade is clearly laid down under GATT. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement also emphasises that measures to protect intellectual property shoul
PPL, IPRS take FM route to create awareness | Radioandmusic.com
Music licensing bodies The Phonographic Performance Ltd (PPL) and The Indian Performing Right Society (IPRS) have started a radio campaign across the country to create awareness about the issue of music royalty.
The campaigns, that began this week, are being aired on Reliance ADAG's Big FM and Sun Network’s SFM which promise a pan India presence and will be on air for one month, mainly targeting event organisers in view of the upcoming Christmas and New Year celebrations.
Comments PPL CEO Vipul Pradhan, “We have started campaigning on radio to educate the laymen that although they are not directly involved in paying the royalties, they have to make it a point that the organisers pay the requisite royalty fees during the New Year celebrations. PPL would be airing 30 second ads around 20 times a day.”
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Music licensing bodies The Phonographic Performance Ltd (PPL) and The Indian Performing Right Society (IPRS) have started a radio campaign across the country to create awareness about the issue of music royalty.
The campaigns, that began this week, are being aired on Reliance ADAG's Big FM and Sun Network’s SFM which promise a pan India presence and will be on air for one month, mainly targeting event organisers in view of the upcoming Christmas and New Year celebrations.
Comments PPL CEO Vipul Pradhan, “We have started campaigning on radio to educate the laymen that although they are not directly involved in paying the royalties, they have to make it a point that the organisers pay the requisite royalty fees during the New Year celebrations. PPL would be airing 30 second ads around 20 times a day.”
Roche wins trademark case against Cipla in Bombay High Court
MUMBAI: Roche Ltd, the Indian arm of Swiss drugmaker F Hoffman La Roche Scientific, has won a trademark-infringement case against Cipla Ltd over its anti-infection drug brand-named Valcyte.
The Bombay High Court found Cipla’s brandname ‘Valcept’ —- for the generic version of the drug valganciclovir —- infringing upon Roche’s trademark rights.
The court has given Cipla three weeks to change the brand-name of its version.
Generic drugs are copycats versions of innovator drugs, and are sold far cheaper. Cipla’s Valcept is priced at Rs 245 per tablet against Roche Valcyte’s Rs 1,000.
Law on intellectual property transfer soon: PM
he Indian government plans to bring a new law to create a mechanism to transfer intellectual property (IP) created by public funded research to beneficiaries, Prime Minister Manmohan Singh said here Wednesday.
"We are looking at passing legislation that will create appropriate mechanisms and incentives for transfer of intellectual property by publicly funded research to beneficiaries," Manmohan Singh said inaugurating the centenary celebrations of the premier Indian Institute of Science (IISc) at the J.N. Tata auditorium.
New definition of fake drugs could save the day for local companies
The risk of India’s generic drugs being labelled counterfeit under the new definition proposed by WHO has receded, a government represe
ntative concerned with the issue said. This would ensure that India’s manufacturers continue to sell their drugs in foreign markets.
The WHO-funded International Medical Products Anti-Counterfeiting Taskforce (IMPACT) had proposed a new definition of counterfeit drugs as medical products with a “false representation about their identity, history or source”.
Names of mountains not acceptable for registration- FMCG-Cons. Products-News By Industry-News-The Economic Times
The Registrar of Trademarks has said that Mount Everest Mineral Water cannot register names of mountains as trademarks, dealing a blow to the Tata Group firm in its tussle with Ramesh Chauhan’s Bisleri over the name Himalaya.
Citing the Geographical Indications Act, the office of the Registrar of Trademarks has maintained that names of mountains are not acceptable for registration as trademark for agricultural and natural products.
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The Registrar of Trademarks has said that Mount Everest Mineral Water cannot
register names of mountains as trademarks, dealing a blow to
the Tata Group firm
in its tussle with Ramesh Chauhan’s Bisleri over the name Himalaya.
L'Oreal takes MyDollarStore to HC over illegal imports
French cosmetics and toiletries giant L’Oreal has hauled discount retailer MyDollarStore to court over issues relating to intellectual pro
perty rights (IPR) and illegal imports, it is learnt. The company has filed a case against MyDollarStore in the Delhi High Court recently, sources said.
In recent times, MNCs have been upset over the move by retailers to import top global brands, claiming that this leads to loss of business opportunity, unfair competition and product cannibalisation. However, sources said hectic parleys are on between the two parties and the talks could lead to an out-of-court settlement. L’Oreal officials did not reply to an ET query on the subject. MyDollarStore officials were also unavailable for comment.
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Several MNCs have invoked the
Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 Act to stop
retailers from importing their foreign brands. Companies like Hindustan
Unilever, L’Oreal, Lancome Perfumes, Oakley, Nivea and Mico have already
registered several brands under notification No.47/2007 of the IPR Act with the
Customs.
No relief to Chauhan in Maaza dispute- Food-Cons. Products-News By Industry-News-The Economic Times
In a setback to Bisleri owner Ramesh Chauhan, Delhi HC on Monday declined to modify an earlier injunction (ruling) order against
Bisleri and in favour of The Coca-Cola Company (TCCC) over the legal battle involving IPR for the Maaza beverage. Reacting to the court order, Mr Chauhan told ET that his company Aqua Minerals (AMPL) has asked the HC to vacate this order on the basis that it has no jurisdiction in the matter.
The Delhi HC, in its latest order passed on November 17, has ruled that it would not modify the injunctions it had earlier granted in favour of TCCC and against Mr Chauhan’s company. TCCC has maintained that even though it did not buy the Maaza trademark outside India, no agreement grants Mr Chauhan’s company the right to use the formulations sold to and owned by TCCC outside India
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Patent offices to employ 1,600 personnel- Jobs-News By Industry-News-The Economic Times
India's patent offices, which has embarked on a modernisation programme, will employ 1,600 personnels in the next three-four years, a s
enior government official said on Wednesday.
As the country is emerging as a global hub for industries such as IT, pharmaceuticals, biotechnology, entertainment and research and development, its patent office will digitalise all trademark and patent records by March 31, 2009, Department of Industrial Policy and Promotion (DIPP) Joint Secretary N N Prasad said at a seminar here.
Botanist on mission to save rare Indian herbal remedies
: Ethno-botanist Deepak Acharya has spent eight years in the Satpura mountains in Madhya Pradesh, parts of which lie cut off from civilisation, driven by a single goal -- documenting and salvaging India's traditional herbal remedies before they are lost to the world.
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Ethno-botanist Deepak Acharya has spent eight years in the Satpura mountains in Madhya Pradesh, parts of which lie cut off from civilisation, driven by a single goal -- documenting and salvaging India's traditional herbal remedies before they are lost to the world.
Change in Bill okayed to protect Indian trademarks globally - The Financial Express
In a bid to ensure better protection for Indian trademarks across the world, the government on Thursday approved modification in the Trade Marks (Amendment) Bill. Talking to media persons after the meeting of Cabinet Committee on Economic Affairs, minister of state in the Prime Minister’s Office, Prithviraj Chavan, said, “The amended Bill will provide better protection to Indian trade marks in designated member countries and afford reciprocal protection to trade marks from member countries abroad.”
It will thus encourage transfer of technology through trademark licensing and franchising and generally promote overall business confidence in Indian intellectual property rights (IPR) system globally, he added. The approval given by the Cabinet for modification of the Trade Marks (Amendment) Bill, 2007, with certain consequential changes was on the basis of recommendations contained in the report of the department-related Parliamentary Standing Committee on Commerce, the minister said. The Bill would be introduced in Parliament, he added.
The Hindu Business Line : SC appoints new technical member for Glivec case
All decks seem to have been finally cleared for the review of the rejection of Novartis’ patent on its cancer drug Glivec. The Supreme Court has appointed Dr P.C. Chakraborty, of the Patent Office in Kolkata, as technical member on the Intellectual Property Appellate Board (IPAB) for the review of this case.
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The reason for Novartis’ concern was that the earlier technical member appointed to the IPAB, Mr S. Chandrasekaran, was the former Patent Controller under whom Novartis’ patent on Glivec had been rejected in the first place, in January 2006.
The new technical member Dr Chakraborty is Deputy Controller of Patents and Designs at the Kolkata Patent Office, and his name was selected from a list of 20 patent attorneys and 22 patent controllers that the Centre submitted to the apex court, a legal source handling the case told Business Line.
Music lands gym owner in trouble-Chandigarh-Cities-The Times of India
A local gym owner and instructor were arrested on Thursday after they allegedly manhandled a licensing inspector of the Indian Performing Rights Society (IPRS) when he asked them to produce license for playing music in the gymnasium on Wednesday.
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A local gym owner and
instructor were arrested on Thursday after they allegedly manhandled a licensing
inspector of the Indian Performing Rights Society (IPRS) when he asked them to
produce license for playing music in the gymnasium on
Wednesday.
Amendment to Apeda Act may delay protection of basmati rights - The Financial Express
After Pakistan’s refusal to accept India’s offer of joint registration of basmati, under the Geographical Indications (GI), the government’s move to empower the Agricultural and Processed Food Product Export Development Authority (Apeda) for undertaking the registration process through an ordinance may be delayed for few months.
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Apeda spends Rs 3-4 crore annually in legal cases, in order to protect basmati against IPR violations across the world.
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Pakistan had granted a trade mark (TM) to the basmati Growers Association (BGA), providing it with exclusivity, even as India and Pakistan had earlier agreed to jointly bid for a GI for basmati. The Registrar of Trade Mark, Karachi, while granting the TM on BGA, has set aside the opposition of Apeda through its legal council. Apeda had offered to jointly register basmati under GI along with the Rice Exporters’ Association of Pakistan, which was rejected by Pakistan government.
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