PATENT
GERMAN PHARMA MAJOR ON COLLISION COURSE WITH INDIAN COMPANIES ON PATENT
German drug major Boehringer Ingelheim, is set to wage war with Indian firms for the generic version of   a combination anti hypertension drug for which the company has filed a patent application.

Okasa, which is a wholly owned subsidiary Cipla, has opposed the patent application contending that both drugs individually existed before 1995, as did their combination.

Invention before 1995 does not qualify for a patent under the Indian Patent Act. In the current case, Boehringer Ingelheims drug is licensed for the treatment of hypertension in patients whose blood pressure is not adequately controlled.
The firm markets the drug in all 27 countries of the European Union and has co-marketing partners.

'GILEAD'S PATENT APPLICATION FACES OPPOSITION BY BRAZILIAN HEALTH GROUP IN INDIA
 For the first time, pre-grant opposition has been filed by an overseas body, a Brazilian public health group in India against Gilead Sciences Inc. for tenofovir disoproxil fumarate, sold as Viread in Brazil and indicates a growing concern about ensuring that the supply of cheaper, non-patented drugs from India is not hampered.

This has signalled global resistance to patenting of drugs in India. Brazilian public health group has cited the implications the patent grant will have in restricting Brazil’s ability “to produce and access affordable generic versions of the drug” its large patient population living with HIV.

Gilead sells tenofovir for $1,387 (Rs59, 224) to a patient for a year’s treatment which is 8.8 times costlier than $158 (Rs6, 746), the cheapest available Indian generic version will cost for the same drug regimen.

ROCHE'S AIDS DRUG PATENT OPPOSED BY CIPLA, AIDS GROUP IN INDIA
AIDS patient groups and Pharmaceutical firms such as Cipla, have filed separate post-grant oppositions against Swiss multinational Roche's patent on valganciclovir, a drug used to facilitate organ transplantation and by HIV/ AIDS patients.
Patent for valganciclovir to Swiss MNC Hoffmann-La Roche (Roche) was granted by the Chennai patent office last year.

AP GOVERNMENT MOVES TO GET PATENT FOR KALAMKARI PRODUCTS
Bent on repeating its success in obtaining protection under Geographical Indication (GI) for Pochampalli `Ikkat' design in 2004, the State Government is now planning to secure patent rights for other Kalamkari products being produced in the State.
State Government is planning to obtain GI protection rights for Uppada and Jamdhani fabrics, Dharmavaram, Naryanapet and Pedana saris Gadwal silk and cotton saris, and also for Kondapalli bamboo toys.

2008 WORLD PATENT REPORT HAS BEEN PUBLISHED
The World Intellectual Property Organization (WIPO) has published the 2008 World Patent Report which is based on data from 2006 (the last year for which complete worldwide statistics are available).An increase of 18% is seen in the patents granted worldwide and WIPO attributed this to efforts by patent offices to reduce backlogs and also to the increase of the number of patents granted by China and the Republic of Korea.

The report gave out a remarkable piece of information regarding the trend of filing applications in multiple countries by the applicants which is demonstrated through the Patent Cooperation Treaty (PCT) and  non-resident patent filings.
Finally, the increasing level of patent activity in emerging economies, in particular Brazil, India and Mexico, should be noted.

THE LONDON AGREEMENT HAS ENTERED INTO FORCE ON 1 MAY, 2008
London agreement will make patenting in Europe cheaper by reducing post-grant translation costs. Under the agreement countries that have an official language that is also an official language of the EPO (i.e. English, French or German) will no longer require the translation of a European patent even if the language in which the patent is granted is not an official language of the country.

At present Croatia, Denmark, France, Germany, Iceland, Latvia, Liechtenstein, Luxembourg, Monaco, Netherlands, Slovenia, Switzerland and the United Kingdom are parties to the agreement. Countries who are not parties to the agreement still require full translations of the European patent for validation.

PATENT ROW BETWEEN LG ELECTRONICS AND QUANTA
LG Electronics Inc, South Korea agreed to put an end to its eight year long PC-related patent disputes with Quanta Computer Inc, Taiwan. The arrangement took place after the U.S. Supreme Court ruled in favor of Quanta, rejecting LG's contentions that it had placed explicit limits on how its patented technology could be passed on. Negotiations on royalties have started.

ANGIOSCORE EYES ABBOTT CATHETER PATENT
AngioScore Inc is pleading the FDA to reject Abbott Laboratories’ patent for “rapid exchange” angioplasty catheters. The patent which is scheduled to expire on October 29, 2008 covers technology that helps the physicians to more easily-thread a catheter into a blood vessel during angioplasty.

PATENT INFRINGEMENT SUIT BY NUANCE
Nuance Communications Inc and its Tegic subsidiary have filed a patent infringement lawsuit in Canada against Zi Corp claiming that Zi's Qix and eZiText products infringe Tegic's intellectual property. Nuance has not disclosed the quantum of damages sought for. Zi earlier this month refused $40.4 million unsolicited takeover offer from Nuance.

TRADEMARK
"SOUND" MARK REGISTERED FOR THE FIRST TIME IN INDIA
"Sound" Mark Registered for the first time in India First "sound" mark in favour of Yahoo Inc has been granted by India’s Trademark Office on 18th August. A sound mark is a nonconventional trademark where sound is used to perform the function of trademark identifying the commercial origin of products or services uniquely. Famous examples of sound marks include the thunderous sound of a Harley Davidson, MGM's roar of a lion etc. This is an important development and will lead to registration of more such marks. However, it is not known how the "procedural complexities" i.e. how does one represent a sound mark involved in Sound mark registration be determined.

INTELLECTUAL PROPERTY
APPOINTMENT OF EIT (European Innovation and Technology) GOVERNMENT BOARD BY THE EUROPEAN COMMISSION
First board of European Innovation and Technology (EIT) consists of 18 members who are recognized professionals originating both from the industrial and academic sectors. The board will launch EIT's activities in its first meeting in September (this month). The responsibilities of the board will include defining EIT's overall strategy comprising selecting, coordinating and evaluating the Knowledge and Innovation Communities on the basis of which EIT will operate. The government board is expected to launch the first communities by the end of 2009.