NEW CONTROLLER GENERAL IN PATENT OFFICE
Shri P.H.Kurian, IAS was appointed as Controller General of Patents, Designs & Trade Marks from the forenoon of 22nd January, 2009 at IPO, Mumbai.

PATENT
GENERICS PIVOT ON BAYER CASE
Bayer had taken legal action against both the Union government and the generic companies in the Delhi High Court on the ground that the Drug Controller general of India (DCGI) has entertained Cipla's application for grant of marketing rights for the anti-cancer drug Nexavar for which it had obtained a patent in India.
Bayer argued that if marketing approval was granted to Cipla, its patent rights would be affected.
Bayer had earlier requested the Drug Controller to reject Cipla's application, as well as grant a hearing to the company before taking any decision on the matter.
The court passed an interim order in November directing the drug controller from taking any decision on Cipla's application for marketing approval.
Experts say by seeking rejection of Cipla's application for marketing approval of the generic version, Bayer wanted to link marketing approval to the drug's patent status which means drug regulatory authority is required to withhold marketing approval to a generic version of a patented drug regardless of whether the patent granted is valid or not.
This is one of the rare instances, where an MNC is suing the Indian government to introduce higher intellectual property standards, than what is required under TRIPS agreement.

HC UPHELD PATENT RIGHTS
Bombay high court recently safeguarded the rights of an Indian firm that had invented a vital system to protect railway lines passing through hilly regions from landslides.
Garware Wall Ropes Ltd (GWR) of Pune invented two mechanisms namely-wire steel ropes and spiral lock system that were of tremendous benefit to the Konkan Railway Corporation, which had tracks passing through rocky terrain and the soft soil in the region, which had caused landslides. GWR, along with Konkan Railway Corporation, filed for patent in 2001 before the Controller of Patent, and it was sealed between 2005 and 2006.
GWR, in December 2005, came across A I Chopra, Engineers & Contractors, a Nagpur-based railway contractor who was using his system to bid for various contracts of the Indian Railways without its permission.
In spite of sending notices, AICEC continued to use the system. Consequently GWR approached the court.
The Court held that “GWR cannot be deprived of the fruits of its patent by unauthorisedly allowing the contractor to drain out its commercial profits. By allowing another party to use a patented system for free, the net result would be that a patentee inventing a patent by the utilization of huge money and manpower involving scientists, technocrats and technicians would be left high and dry and this would definitely be detrimental to the encouragement of scientific and technical advances in the country”.

TRADEMARK
CHAMPIONS LEAGUE IN TROUBLE
Union of European Football Associations (UEFA) objected to the use of Twenty20 by Board of Control for Cricket in India (BCCI) claiming trademark violation.
It is reported that UEFA has sent a letter to the Board of Control for Cricket in India (BCCI), objecting to the name after BCCI had applied for a Community Trade Mark (CTM) license for the Champions League to promote the event worldwide.
Champions League Twenty20 tournament was scheduled to be held in December last year.

"OSHO" TRADEMARK ISSUE SETTLED
USPTO's Trademark Trial and Appeal Board cancelled a series of trademarks with the word 'Osho' registered by Osho International Foundation thereby ending a bitter battle between two factions of followers of Indian mystic Osho 'Rajneesh' (Chandra Mohan Jain).
Osho Friends International, New Delhi, had filed a petition challenging the trademarks ten years ago.
The trademarks that stand cancelled include Osho, Osho active meditations, Osho zen tarot, Osho transformation tarot, Osho Kundalini meditation, Osho Nadbramha meditation, Osho meditation resort, Osho Multiversity, Osho Times and Osho Rebalancing.
TTAB held that "Plaintiff's petition to cancel is hereby granted on the grounds of genericness and mere descriptiveness". "The primary significance of Osho is as a religious or meditative movement, and not as a source identifier for goods and services," the ruling stated.

COPYRIGHT
UKIPO LAUNCHES CONSULTATION PAPER ON ISSUES ON THE FUTURE DIRECTION OF COPYRIGHT
The United Kingdom Intellectual Property Office (UKIPO) has launched a consultation on the future direction of copyright. The consultation is aimed at a wide range of stakeholders and seeks to evaluate the current copyright system in the UK and its efficiency in promoting creativity, for the economy and the general public.
The UKIPO has produced an Issues paper to be used for the consultation and inviting stakeholders to express their views until February 2009. It covers key areas of discussion including the access to copyrighted works, incentives for investment and creativity, and the authentication of works. It also focuses heavily on the global dimension of discussions about the future of copyright as well as on aspects related to the digital economy.