PATENT
PATENT SETTLEMENT OVER LIPITOR
There is bad news for people with high cholesterol as the wait for a cheaper version of Lipitor (atorvastatin) has gotten longer. Pfizer has announced an agreement in June 2008 with Ranbaxy to ward off generic competition for its “Lipitor” drug until 2011.
The drug maker has settled patent litigation with Ranbaxy Laboratories, an Indian maker of generic drugs that had threatened to market its own version of Lipitor, the world's best-selling medicine.
The agreement will delay Ranbaxy's generic version of Lipitor which would have caused problem for Pfizer Patent and would result in Billions of Dollars as profit for Pfizer.
Under terms of the deal, Pfizer also granted Ranbaxy the right to generic versions of Lipitor in seven countries e.g. Canada, Belgium, the Netherlands, Germany, Sweden, Italy and Australia.
INCREASED PRIOR ART SUBMISSIONS BY PEER-TO-PATENT PROJECT
Peer-to-patent project which was introduced by USPTO to help US patent examiners to assess applications for software patents through encouraging the public to submit relevant prior art did not bring any fresh patent applications in its first year though resulted in submission of increased prior arts. Organizers of this project are of the opinion that this provided a positive response from people in US as well as people outside US who are paying attention to this development. Organizers hope to expand the project by second year so as to include not only computer and software-related patents but also class 705 patents that relate to business methods.
TRADEMARK & DOMAIN NAME
OPPOSITION ON THE TRADEMARK ‘FACEBOOK’
A petition asking for cancellation of Facebook's registered trademark on the term "Facebook" is filed at US Patent and Trademark Office. One of the three reasons quoted by Aaron Greenspan, an entrepreneur at Silicon Valley for opposing the grant of trademark is prior use of the term by himself on his social Web project called houseSYSTEM. He also contended about ‘the generic nature of the term within Harvard, where for generations "facebook" guides have been published for each of its dormitory houses’
TRADEMARK SUIT BY APPLE
Apple has filed a lawsuit against Nicholas Woodhams of iPod Mechanic alleging misuse of Apple’s “iPod” trademark in his business and its accompanying website. Previously both the parties arrived at an agreement that Woodhams would give up the iPod Mechanic name and the domain name ipodmechanic.com by January and March, 2007 respectively. Apple claims that not only did he deviate from those conditions but he still maintains the iPod Mechanic name at the new domain. Apple also blames him of ‘knowingly defrauding Apple by convincing it to send him free components’ causing a loss of $75,000 to the company.
SCHEME TO EXPAND DOMAIN NAMES
Internet Corporation for Assigned Names and Numbers, the organization for managing internet names and addresses is giving sanction to create an unlimited number of new top-level domains after the approval of the same in its meeting that held in Paris. Any organization can apply to launch a new gTLD, if it meets the relevant criteria by this plan. MARQUES, the association of European trade mark owners which is a member of the IPC (Intellectual Property Constituency) of ICANN has already prepared a guide to pre-launch rights protection mechanisms for gTLDs and ccTLDs. Nick Wood, of Com Laude, who edited the guide, stated “We hope that “The Perfect Sunrise” may prompt potential applicants under ICANN’s new gTLD programme to think about RPM at an early stage in their planning.
COPYRIGHT
YAHOO IN COPYRIGHT CONTROVERSY
An interim injunction was passed by the High Court of Delhi, prohibiting YahooVideo from streaming copyright content from Indian music company, Super Cassettes Industries, after finding prima facie evidence against Yahoo under Order 39 of CPC.
The music company, which uses the brand T-Series, is seeking a permanent injunction and damages for the alleged unauthorized use and display of its copyrighted content on Yahoo Video.
Last year You Tube owned by Google was sued by the same music Company for similar reasons.
CANADA PROPOSES AMENDMENT TO COPYRIGHT ACT
Amendments to the Copyright Act have been introduced by the Canadian Federal Government on June 12. The proposed amendments are important as it is designed to update the law to bring in line with the digital technologies, in particular the internet. Bill proposes to introduce ‘digital locks’ by the owners to protect their work from unauthorized use, new personal use exceptions, new exclusive rights for performers and record companies, new exceptions for the educational use of material accessed from the internet etc. It also clarifies the role of Internet Services Providers (ISPs) with respect to copyright infringement. Bill C-61, wherein the amendments proposed, if passed, enable Canada to ratify two treaties that were negotiated at the World Intellectual Property Organization (WIPO) in 1996.
GEOGRAPHICAL INDICATION
PONNI IN MALAYSIA
India failed to protect Ponni rice which is a famous variety of rice that is cultivated in Tamilnadu and Karnataka from registering it under the Malaysian Trademark Act. Malaysian commodities retail giant Syarikat Faiza has received rights under the Act that would permit the company to pack and market any variety that is similar to Ponni. Ponni has not been registered in India though it is developed in 1986 by Tamilnadu Agricultural University. South Indian farmers are grossly affected and appealed to the commerce ministry and the Tamil Nadu government to contest the same. They are of the opinion that Ponni is ‘a generic term for all rice grown in the region and it is not a trademark issue but a GI issue and should be fought under IP Laws’.
INTELLECTUAL PROPERTY
WTO FAVOUR IN BIO-PIRACY CONTROVERSY
India’s fight against bio-piracy at the multi-lateral level got new shape. World Trade Organization Director General (DG) Pascal Lamy said in this regard that there is an important common ground on the implemention of TRIPs and the convention on bio-diversity (CBD) in a mutually supportive way though the issue is not a part of Doha negotiations. The report by Lamy on ‘GI extension and bio-diversity consultations’ clarifies that a common ground has been reached for erroneous patents particularly for the inventions which involve the use of genetic resources and related traditional knowledge and securing compliance with national access and benefit-sharing regimes.
BUDAPEST ELECTED AS HEADQUARTERS OF THE EUROPEAN INSTITUTE OF INNOVATION AND TECHNOLOGY (EIT)
Budapest, the Hungarian capital, will become the seat of the headquarters of the European Institute of Innovation and Technology (EIT). The country emerged as the winner for the EIT seat against the countries like Wroclaw in Poland, Sant Cugat del Vallès near Barcelona in Spain, Jena in Germany, a joint bid from Bratislava (Slovakia) and Vienna (Austria).The European Commissioner for Education, Training, Culture and Youth, Ján Figel opined that the objective of EIT is to bring 'excellence in enterprise, research and higher education together, to maximize potential synergies and cross-fertilization of ideas’
TRADITIONAL KNOWLEDGE
TRADITIONAL KNOWLEDGE POLICY SANCTIONED IN KERALA
A draft intellectual property rights policy for the protection of traditional knowledge and inventions had been approved in the Cabinet meeting at Kerala. After this policy come into force punitary provisions will be incorporated for its enforcement. Now outsourcing research related to biological resources would be restricted. This policy requires State Biodiversity Board’s permission for trade in bio resources, access to the database and use of traditional knowledge and inventions by the outsiders.
