Dec - PDF

Document Sample
Dec - PDF Powered By Docstoc
                                                                                         Dec. 2007

                         INSIDE THIS ISSUE :

                                  FICCI EVENTS


                                   IPR NEWS

                                 WIPO DEVELOPMENTS

                                      LEGAL UPDATES

                                         IPR PROTECTION
 Editorial Board
     Akash Taneja
  (Executive Director)                           Patents
 Ph.- (Dir.) 32404277
    Sheetal Chopra
 (Senior Assistant Director)
 Ph.- (Dir.) 23766930                                               Indications
                                                                           Trade Marks
                             MESSAGE FROM SECRETARY GENERAL

Dear Members,

I am very happy to inform that FICCI has created a platform for updating our members on latest developments in
Intellectual Property Rights (IPR) area through this bi-monthly publication-“ IPR Spotlight”.

“IPR Spotlight” has been conceptualized as a concise newsletter that will cover news on variety of IPR topics including patents,
trade marks, copyrights, geographical indications, designs, etc. It contains a section related to legal updates on Intellectual
Property (IP) matters in India and abroad, including patent oppositions, review of various IP laws, their implications and
interpretation, recent IP case studies, etc with an aim to keep the members abreast with the latest developments in the area of IP.

I would also like to take this opportunity to inform you that the Assemblies of the member states of the World Intellectual Property
Organization (WIPO) have granted National Non-Governmental Organization Observer status to FICCI. This would give FICCI the
mandate to raise the issues of concern to Indian trade and industry at the highest decision making levels in WIPO. FICCI would now
be represented as an observer in the various meetings convened by WIPO. We would be happy to receive your suggestions on
policy issues, which have a bearing on your business.

I hope you will find this newsletter as a very useful value added service and I would look forward to your suggestions for improving
this service.

Best regards,

    (Amit Mitra)
                                             FICCI EVENTS
National Seminar on                          Consumer Protection” were held after         other parts of the world and would also
                                             the inaugural and were chaired by Mr.        examine the existing and proposed
Combating Piracy and                                                                      Indian legislation in related areas so
                                             Vijay Lazarus, President, IMI, Mr. N N
Counterfeiting                               Prasad, Joint Secretary, DIPP and Mr.        that the draft legislation is synergistic
                                             Octavio Espinosa, WIPO, respectively.        with existing/proposed laws.
FICCI in its drive against “Piracy and
Counterfeit” celebrated Intellectual         The speakers were Mr. Pravin Anand,          The first meeting was held on 19th
                                                       Anand and Anand; Mr. Aditya        October 2007 and the group members
                                                       Shastri, COO, UFO Moviez;          are to submit the report to Government
                                                       Mr. Shaswata Dhar, Unilever;       within three months from the said date.
                                                       Retired IPS officer, Mr. J N
                                                       Saksena, IMI; Mr. S D Mishra,      Seminars on Intellectual
                                                       EOW; Ms. Anice Joseph, from        Property for Prosperity
                                                       NACEN; Mr Amarjit Singh
                                                       from Amarjit & Associates          With a view to create awareness on
                                                       and Mr Savio D' Souza, IMI.        intellectual property rights and its
                                                                                          economic importance for trade and
                                                       Approximately 100
                                                                                          industry, FICCI’s and Institute Of
                                                       participants from industry
                                                                                          Intellectual Property Studies (IIPD) along
                                                       and media attended the
                                                                                          with the US embassy conducted series
                                                                                          of seminar in Ludhiana (3rd Oct. 2007),
Property Week, which started on April        Consultative Working Group                   Bhopal (9th Oct. 2007) and Raipur (11th
20, 2007. The weeklong celebration                                                        Oct. 2007).
included Poster campaigns; e-mail
                                             on Patent, Trade mark and
blasts; banners on major websites; TV        Design System in India                       The objective of the seminar was to raise
Spot and radio jingles in major regional                                                  IPR awareness in major industrial towns
                                             Government of India has taken several        and cities in India on “how Intellectual
languages; advertisement in
                                             legislative initiatives on IP front          Property impacts our daily lives;”
newspapers; training program for the
                                             including revamping of administrative        increase understanding of “how
customs officers in various states etc.
                                             set up, computerization of operations        protecting IP rights helps promote
The program ended with a National            and enhancing Human Resource                 creativity and innovation and
Seminar – “Combating Piracy and              capabilities of IP offices. This is being    encourages respect for IP rights of
Counterfeiting” on April 26, 2007 which      done so as to gear up to meet the            others.” The said Seminar addressed
was organized by FICCI in association        demands of trade and industry.               topics like “Introduction to intellectual
with Department of Industrial Policy and
                                             FICCI's Institute of Intellectual Property   property rights and their economic
Promotion (DIPP), World Intellectual
                                             Department (IIPD) has constituted a          importance in today's business”. It also
Property Organization (WIPO) and other
                                             Consultative Group comprising senior         addressed specifically the “IP protection
Industry Associations. Mrs. Shabana
                                             officers of DIPP; Controller General of      issues for businesses in Ludhiana” and
Azmi, Chairperson Core Group On
                                             Patents, Designs and Trade marks;            IP protection for inventions and creative
Piracy constituted by I&B Ministry
                                             Industry representatives and legal           works based upon Genetic Resources,
shared her observations during the
                                             experts to discuss and address various       Traditional Knowledge and Folklore.
inaugural session at the Seminar.
                                             administrative, legal and procedural         Mr. Akash Taneja, Executive Director,
According to her “Government must
                                             issues concerning the intellectual           FICCI-IIPD addressed the importance of
consider giving tax benefits for the
                                             property system in India. The first          Intellectual Property Rights Protection
creation of digital cinema infrastructure,
                                             meeting of the consultative working          and its commercialization. He also gave
which will be very successful in curbing
                                             group was held on 8th November 2007.         inputs on how the IP protection can be
theft and piracy of the cinema.”
                                             The informal meetings with the other         an important asset to the businesses in
Dr. Ajay Dua, Secretary DIPP who
                                             stakeholders were also conducted so as       Ludhiana, Bhopal and Raipur,
inaugurated the Seminar said that,
                                             to get larger consensus on the final         respectively.
“Government is in the process of
compiling a national database on IPR,                                                     Ms. Sheetal Chopra, Senior Assistant
which includes IPR violations,               Working Group                        on      Director, FICCI-IIPD spoke on “the
prosecution and penalties. A centralized                                                  prosecution of patent applications in
                                             Innovation Law
database will help to devise a national                                                   India”, “provisions for opposition and
strategy and pursue targeted actions to      FICCI has formed a working group, on         revocation of patent/patent
combat piracy and counterfeiting”.           the directions of Mr. Kapil Sibal -          applications”, “provisions for
Three sessions namely “Initiatives by        Minister of Science and Technology, for      compulsory licensing”, searching Indian
Industry to combat Piracy and                drafting a model “Innovation Law” in         patent applications/patents”, “the
Counterfeits”, “Enforcement Action to        India. The group shall examine the           procedure for registration of designs”
Protect Intellectual Property” and “IP and   legislations dealing with innovation in      etc.
                                                         Bannumath, Chairman of the                  Judges Round Table -
                                                         Karnataka Judicial Academy
                                                         was also present. Mr. P Murari,             Advanced Module on IPR
                                                         Advisor to President, FICCI,                Adjudication
                                                         delivered the welcome                       As announced by Mr. Justice Cyriac
                                                         address.                                    Joseph, Chief Justice of Karnataka High
                                                       The main purpose of the                       Court in the previous Judges Roundtable
                                                       roundtable was to engage the                  on Intellectual Property Rights
                                                       members of the judiciary, in a                Adjudication in June, 2007, an
                                                       meaningful discussion on the                  “Advanced Module on IPR Adjudication”
                                                       various issues that arise while               was held for the judges from District
                                                       a d j ud i c a t i ng i nt e l l e c t ua l   Courts across Karnataka.
                                                       property and information                      Mr. G V Subramanyam, Vice President
The panel of speakers for series of          technology cases and its impact on the                  SETLabs (R&D Division), Infosys
seminar were Mr. Dominic Keating, First      nation and the industry. Over 50 judges                 Technologies Ltd. delivered the Keynote
Secretary, US Embassy; Mr. Akash             from State High Court and Judicial                      address where he said that research and
Taneja, Executive Director-FICCI; Mr.        Officers from the District Courts                       innovation are now seen as the key
N.R. Meena, Mr. Sanjay Kesharwani and        participated in the Round Table. Panel                  factors determining the market value of
Dr. Ruchi Tiwari, Asst. Controllers of       Speakers included eminent lawyers,                      a product or service. He said that the
Patents & Designs, IPO; Dr. Neelima          senior government officials, as well as                 increase in global trade coupled with
Jairath, Incharge Intellectual Property      industry stakeholders from the Music                    technological revolution has led to an
Right, Punjab State Council for Science      and Film Sectors.                                       increase in IP crimes. The worldwide
and Technology, Chandigarh, Dr. R. G.        Some of the major topics covered in the                 losses due to piracy and counterfeiting
Saini, Chairman IPR Advisory Cell PAU        Round Table include “Basic and                          are estimated to be to the tune of US$
and Ms. Shalizeh Nadjmi, Office of           International Character of Intellectual                 650 billion. He said that IP has a very
Health and consumer Goods.                   Property Rights”, “Scope of Intellectual                short self-live and any delay in resolving
                                             Property Rights and Enforcement”,                       IP matters could be devastating to the IP
Customs Workshops on                         “Intellectual Property Rights in the                    holder.
Border Measures-Protection                   Entertainment Industry”, “Intellectual                  Mr. Akash Taneja, Executive Director,
of IPRs                                      Property Rights in Computer Software”,                  FICCI gave the welcome remarks. He
                                             “Intellectual Property on the Internet”,                said that importance of IP is increasing
FICCI-National Initiative against Piracy     “Threats to Online Safety and Security”.                day by day and the governments
and Counterfeiting (FICCI-NIAPC), as a
                                             This program is one among the series of                 worldwide are adopting new strategies
part of the Intellectual Property Week
                                             programmes initiated by FICCI, which                    to combat IPR violations. He informed
Celebration (April 20-26, 2007),
                                             started with a program at the National                  that FICCI's National Initiative Against
organized a series of Workshops in
                                             Judicial Academy in Bhopal in July 2004,                Piracy and Counterfeiting (FICCI-NIAPC)
Calcutta, Chennai and Mumbai on
                                             a Judges' Round Table Conference on                     has been set up to generate industry
protection of IPRs in partnership with
                                             IPR Adjudication at Kolkata in July 2005.               support and public participation to free
“NACEN” and “The Embassy of US in
                                             Hon'ble Justice R V Raveendran, while                   society from the menace of piracy and
                                             giving the inaugural address,                           counterfeiting. The initiative aims to
The purpose of this workshop was to                                                                  promote awareness of the dangers and
address the concerns regarding IP            emphasized that a thorough knowledge
                                             of the reason behind legislations and                   consequences of piracy and to
crimes and the initiatives taken to                                                                  strengthen the capacities of the
combat them.                                 the historical and social conditions due
                                             to which legislations came into being                   enforcement system in association with
Judges Roundtable on                         are important while delivering                          professional bodies, training
                                             judgments.                                              institutions and concerned departments
Intellectual Property Rights                                                                         of the Government.
Adjudication                                 Hon'ble Justice Cyriac Joseph in his
                                             presidential address said that more                     Justice Bannurmath, Chairman,
The Judges Round Table on Intellectual       such workshops would be held in                         Karnataka Judicial Academy gave the
Property Rights Adjudication was             Karnataka so that all judicial officers                 Vote of Thanks.
organized by the Karnataka Judicial          could get the benefit of these. The Chief               Justice Cyriac Joseph, in the inaugural
Academy in association with FICCI-           Justice mentioned that quality of Justice               address said that the 15 judges
NIAPC and Christ College of Law on June      has to be maintained while deciding                     attending the Round Table have been
9-10, 2007, Bangalore at Christ College      cases. He also emphasized that only                     selected on their willingness and
Campus. Hon'ble Justice R V                  quality concerns are not enough.                        aptitude for specializing in IPR
Raveendran, Judge, Supreme Court of          Knowledge of the subject and the                        adjudication. The Chief Justice
India inaugurated the Roundtable. The        specialized nature of IPR cases are                     mentioned that such trainings should
event was presided over by the Hon'ble       important while dealing with cases                      be provided to judges for speedy
Justice Cyriac Joseph, Chief Justice, High   involving intellectual property.                        disposal of IPR cases while ensuring that
Court of Karnataka. Hon'ble Justice S R                                                              the quality of justice is maintained. The
Chief Justice announced that these         to include new and emerging areas of     faculty. The program included
judges would preside over designated       law such as intellectual property laws   interactive sessions on patent,
benches with exclusive jurisdiction over   and information technology laws in       trademark and copyright law
cases relating to Intellectual Property    training programmes for judicial         adjudication and concluded with
and Information Technology.                officers.                                sessions on practical guidelines for
Mr. B.A. Muchandi, Director, Karnataka     The three-day program was attended       adjudication of cases relating to
Judicial Academy said that the judicial    by eminent academicians, legal           intellectual property rights.
academy is taking pro-active measures      experts and practitioners in the
                                            GUEST COLUMN
                                            administrated by World Intellectual        Bahu Thi ? Are the remix songs in any
                                            Property Organization (WIPO) and           way affecting the rights of original
                                            Agreement on the Trade Related             c o mp o s e r s o f mus i c ? C a n t he
                                            Aspects of Intellectual Property (TRIPS)   computer assemblers sell the PCs with
                                            administrated by the World Trade           copies of software as a marketing
                                            Organization (WTO).                        strategy? Were Maulana Azad and
                                            It is being realized globally that the     Humayun Kabir the co-authors of the
                                            future prosperity of nations will depend   book India Wins Freedom published by
                                            more upon their intellectual property      Orient Longman? Can you pick up a
                                            and less upon the natural resources and    real story from the newspaper and
                                            physical assets. The fact and figures      make a film or a drama based on it? Is
                                            exhibit that the emerging copyright        there any difference between playing a
            Dr. Alka Chawla                 industries associated with informative     music cassette for students in a hostel,
           University of Delhi              and entertainment value are having a       inmates at a hotel, customers at a
                                            tremendous impact on the growth of         music shop or for workers in a multi-
GENESIS AND EVOLUTION                       national economies.                        storeyed office building? Can one write
OF COPYRIGHT                                                                           'Guide' for students using the text
                                            Copyright protection for the authors
                                                                                       verbatim of the text book? If Vigyan
Johannes Guttenberg's invention of          provides an incentive for the
                                                                                       Bhawan is to be renovated, can the
printing press in 1436 and the              dissemination of ideas, though the
                                                                                       mural once bought from Amarnath
consequent inventions of audio-visual       ideas themselves are not protected
                                                                                       Sehgal be dismantled, removed and
recorders, satellites, broadcasting,        according to TRIPS and the municipal
                                                                                       kept in a store house without affecting
internet etc. has made duplication and      laws. The idea-expression dichotomy
                                                                                       any rights of the sculptor? Does
communication of works globally             has been an inevitable troubleshooter
                                                                                       forwarding of an e-mail of a friend to
possible virtually at a zero cost. The      for authors getting 'inspiration' or
                                                                                       others violate the copyright of the
property of the authors in their original   'guidance' from the works of their
                                                                                       friend? The copyright term for a story
works, therefore had to be protected        senior counterparts. The litigation is
                                                                                       writer is his life time plus sixty years,
from unscrupulous duplication,              growing in numbers and the
                                                                                       whereas for the producer of the film it
copyists, pirates, counterfeiters and       interesting questions emerging are:
                                                                                       is sixty years from the date of
infringers. The protection originated in    Was Sahara      Media Entertainment
                                                                                       exhibition.      What is the rationale
the form of copyright law but its           Limited in making Karisma- The
                                                                                       behind this discrimination?
tradition and norms differed in the         Miracle of Destiny only inspired by
common law and civil law countries.         Bradford's Woman of Substance or           A lot has been debated and codified
Harmonization of legal principles is now    indulged in plagiarism? Can the            and yet there are plethora of questions
provided by an interlocking network         advertisers of TIDE use the characters     that need to be answered. The debate
formed by conventions and treaties          of the serial Kyonki Saas Bhi Kabhi        goes on!
                                   IP NEWS HIGHLIGHTS
Initiative by the Indian                      includes pharmaceuticals, food and            conjunction with `Made in India' and
                                              beverages, business software,                 `Served from India' schemes of the
Government to Stop the                        electronics, films and televisions etc.       Export-Import Policy. As part of the
Spread of Fake Drugs                          Such sector gateway provides useful           policy, the National Institute of Design
Currently, the state and central              information contributed by many               (NID) will be upgraded and efforts will
Governments have authority to issue           different organizations and shall help in     be made to give it the `deemed to be
licenses for the manufacturing of drugs.      identifying and addressing Intellectual       university' status so that it can award
Health secretary Naresh Dayal said            Property Rights issues. This shall bring      degrees and not just diplomas, as is the
“Unfortunately, the control mechanism         about the greater commitments by              case presently.
of state regulating bodies is not efficient   local, national and international officials
                                              in the enforcement and protection of
                                                                                            E-filing of Patent and
and their inefficiency is one of the key
factors why spurious drugs are                IPR. BASCAP provides pool of                  Trademark Applications in
flourishing in the country.”                  information on counterfeiting and             India Initiated
                                              piracy, which is otherwise not available
Now, the Government is planning to                                                          The e-filing system has been launched
                                              easily. It also facilitates the exchange of
withdraw the power from the state and                                                       by the Indian Union Minister of
                                              information among industry players,
central government to issue the                                                             Commerce and Industry, Kamal Nath, in
                                              government, policy makers and
licenses. Secretary said that center has                                                    order to make the filing of patent and
                                              enforcement officials.
referred the draft bill to the standing                                                     trade mark applications more smooth
committee to form a Central Drug              The brand protection directory, informs
                                                                                            and user-friendly. By doing this Indian
Authority of India (CDAI), which will be      interested parties of measures which
                                                                                            has joined USA, Japan, South Korea,
finally responsible to issue licenses to      business community can take to protect
                                                                                            China and the European Patent Office in
the drug companies. He also said that         their brands through investigation or
                                                                                            offering online filing for trade mark and
the new body will be fully autonomous         use of anti-counterfeiting technologies.
                                                                                            patent applications. Also, this initiative
and will be modeled in lines with FDA in
                                              Public Funded R&D Projects                    shall help in strengthening the
the US.                                                                                     Intellectual Property Rights in India.
                                              (Protection of Intellectual
Dayal said the “Drugs and Cosmetics Act                                                     The E-filing system has been designed
will be amended in the near future to put     Property) Act Proposed                        to remove impediments, which are
a high penalty on spurious drug               The Union ministry of science and             encountered while filing the
manufacturers and those involved in           Technology has circulated the draft of        applications manually. The said system
their marketing”.                             bill on IPRs which seeks to provide           provides advantages such as saving
He also states that Philippines has           government funded universities,               time, money and efforts as well as the
signed an agreement with India as a           research institutions and inventors the       hassles involved in physical visiting
result of which Philippines will import       power to patent innovations and gain          and filing of applications at the offices.
large number of drugs from India              30% stake on commercialization of             The system is very new and would be
                                              invention. If the proposed legislation is     strengthened with the time so that
Mint on 1st Nov. 2007 reported that the
                                              implemented then it will encourage            “examination”, “correspondence”,
DCGI will flagoff nationwide survey to
                                              industries to invest in public funded         “opposition”, “hearing”, “registration”,
map the extent of fake drug wherein the
                                              research and will thereby promote             “renewal” and “assignment”, etc. could
drug regulator will hire people who
                                              industry-university-government                also be done electronically.
would pose as customers and will
                                              relationship. Also, experts opine that
collect samples of drugs from chemist                                                       Presently, only filing of the new patent
                                              the proposed legislation shall help in
shops and will send the samples to                                                          applications can be done electronically
                                              reducing the barriers for collaboration
respective drug makers to identify                                                          while all other communications such
                                              and encourage entrepreneurship.
counterfeits.                                                                               as “request for examination”, “recordal
                                              The proposed legislation is expected to       of assignment” etc. have to be done
Initiative Against                            motivate the universities and research        physically. The digital signatures of
Counterfeiting and Piracy                     institutions to come up with                  the person filing the patent application
                                              commercially viable inventions.               are important to ensure the security
The International Chamber of
                                              New National Design Policy                    and authenticity of the documents
Commerce (ICC) has introduced a new
                                                                                            filed. This requirement is in
online portal on 26th September 2007:         In order to ensure global positioning
                                                                                            accordance with the provisions of
"BASCAP – Business Action To Stop             and branding of Indian designs, the
                                                                                            Indian Information Technology Act of
Counterfeiting And Piracy”. This              India's Union Cabinet has approved the
initiative has been taken to fight against    National Design Policy that seeks to
counterfeiting and piracy. It connects        make `Designed in India' a by-word for        The modules for managing e-filing
the global business sectors, which            quality and utility. This will be in          facility and on-line processing would
be developed by the              National       ensure that effective enforcement           Kingdom; Germany; France and Swiss
Informatics Centre (NIC).                       procedures are available. The TRIPS         Federal Councillor for Economic Affairs
                                                agreement also includes provisions          regarding several intellectual property
India gets Status of                            requiring action by customs authorities     issues. This MoU contains affirmations
International Search                            against suspected counterfeit or pirated    to “strengthen the respective offices,”
Authority (ISA) and                             goods. The increase in global trade and     “training Indian patent and trademark
                                                technological revolution has also led to    examiners,” “develop education
International Preliminary                       increase in IP crimes. Crimes relating to   material for the examiners”, “produce a
Examination Authority                           piracy and counterfeiting have              manual on patent practice for use by
(IPEA)                                          increased manifold in global market as a    Indian examiners and the public”,
                                                result of which the government,             “developing human resources”, “co-
The Assemblies of the member states of
                                                business, society and consumers are         operation in capacity building
the World Intellectual Property
                                                loosing billions of dollars. The customs    activities”, “issues relating to
Organization (WIPO) concluded by
                                                and police departments, therefore, have     counterfeits and pirated products,” “co-
appointing Indian Patent Office as ISA
                                                a crucial role in combating                 operation in the area of protection of
and IPEA.
                                                counterfeiting and piracy crimes.           geographical indications and traditional
Delegates also applauded India in                                                           knowledge,” “joint studies on
                                                Customs department has come up with
developing it’s system to International                                                     Intellectual Property issues” etc.
                                                a unique system wherein the holders of
                                                trade mark, copyright, design and           WIPO Grants “Observer
As stated by Shri Kamal Nath, Union             patent can register their rights with the
Minister of Commerce and Industry, the          department for the custom so as to          Status” to National and
recognition as ISA and IPEA will enhance        identify and intercept counterfeits and     International NGOs
the prestige of the IPO and may also            pirated goods at the point of entry. The    The WIPO Assembly consisting of 184
attract work from abroad.                       new system comes as a part of larger        member states, which was concluded on
                                                measure of “boarder procedure”.
US Patent and Trademark                                                                     October 3, 2007, has agreed to grant
                                                The World Customs Organization has          observer status to ten additional
Office Says “No” to Reissue                     taken several initiatives in this area.     international non-governmental
Lipitor Patent                                  One of them is creation of WCO IPR          organizations (NGOs) and four
                                                Strategic Group, which has been             additional national non-governmental
The U.S. Patent and Trademark Office
                                                developed as a joint venture with           organizations. WIPO grants observer
(USPTO) has rejected Pfizer's request to
                                                International Business Sponsors,            status to organizations, which focuses
reissue the patent for its cholesterol
                                                which coordinates action against            on Intellectual Property matters falling
drug Lipitor, which was held to be
                                                global counterfeiting from the              within the competence of WIPO.
invalid by court of Appeals for Federal
                                                customs perspective besides                 Admission of NGOs as observes by WIPO
circuit and the decision was taken in
                                                providing other related services.           grants the NGOs following privileges:
favor of Ranbaxy, which wants to sell
                                                Several measures including access to
generic version of Lipitor. A second                                                            1.     raise issues concerning trade
                                                information and intelligence, effective
patent was upheld, preserving Pfizer's                                                                 and industry at the
                                                communication within customs as well
U.S. market exclusivity for Lipitor until                                                              international forum,
                                                as between customs and other
March 2010.                                                                                     2.     offer constructive and
                                                agencies, non-bureaucratic low cost
                                                application procedures for                             substantive contributions to
New System to Protect IPR at                                                                           the deliberations of the
                                                encouraging businesses to lodge
the Borders                                     application and provide information                    Assemblies of WIPO,
                                                and appropriate legislation including           3.     right to attend, as an observer,
Intellectual Property Rights (IPRs) are
                                                power to take ex-officio action are                    the various meetings convened
essentially simulators of creative
                                                required to be initiated.                              by WIPO,
activity in society that generate wealth
and enhance welfare of people. Model            Indian Ministry of                          WIPO has granted observer status to
legislation and effective administrative                                                    following NGOs:
infrastructure for acquisition of IPRs are
                                                Commerce and Industry
                                                                                                     - Federation of Indian Chamber
important steps towards IP protection.          Signs MoU                                              of Commerce and Industry
But the acquisition of IP rights is of little   The Indian Ministry of Commerce and                    (FICCI);
economic value if these rights cannot be        Industry has signed a bilateral                      - Chamber of Commerce of the
enforced effectively. The agreement on          memorandum of understanding (MoU)                      United States of America
Trade Related Aspects of Intellectual           with representatives of USPTO; Ministry                (CCUSA);
Property Rights (TRIPS) that is a part of       of Economy, Trade and Industry, Japan;
                                                                                                     - Chartered Institute of Patent
WTO requires the members of WTO to              European Patent office; United
                                                                                                       Attorneys (CIPA);
                                 WIPO DEVELOPMENTS
                                             innovation and creativity in a balanced    relating to       the    international
Link between Intellectual                    and effective manner”. WIPO members        dimension.”
Property Rights and Life                     have agreed to establish a committee,
                                             which will monitor and assess the
                                                                                        Oman becomes party to
Science Innovation
                                             matters in coordination with WIPO          Budapest Treaty
World Intellectual Property
                                             bodies, so that effective                  Oman (OM) deposited its instrument of
Organization is organizing series of
                                             implementation of the                      accession on 16 July 2007, to the
symposia to explore relationship
                                             recommendations can take place.            Budapest Treaty on the International
between Intellectual Property Rights
and Life Sciences and clarify the            WIPO Establishes                           Recognition of the Deposit of
intellectual property dimension in the                                                  Microorganisms for the Purposes of
                                             Committee for the                          Patent Procedure. The Budapest Treaty
life sciences. The protection of biotech
inventions is very contentious issue as it   Protection of Genetic                      entered into force with respect to Oman
raises distinct ethical questions. The       Resources, Traditional                     on 16 October 2007.
symposium on “IP and bioethics” was                                                     Angola becomes New PCT
                                             Knowledge (TK), and
held on 4th September 2007 and the
symposium on “Current Issues In              Folklore or Traditional                    Contracting State
Intellectual Property and Public Health”     Cultural Expressions (TCEs)                Angola (AO) deposited its instrument of
was held on 19th September 2007.                                                        accession on 27th September 2007. As of
                                             With a view to provide adequate
                                                                                        1st October 2007 the total number of
WIPO Adopts Development                      protection to genetic resources,
                                                                                        States party to the Treaty are 138.
                                             traditional knowledge (TK), and
Agenda                                                                                  Consequently, any international
                                             folklore or traditional cultural
In order to enhance development                                                         application filed on or after 27th
                                             expressions (TCEs), WIPO General
dimension of the World Intellectual                                                     December 2007 will automatically
                                             Assembly established ICG
Property Organization's activities the                                                  include designation of Angola. Also, AO
                                             (intergovernmental committee) in
member states have adopted a                                                            will be bound to Chapter II of PCT.
                                             October 2000. ICG has developed draft
Development Agenda wherein series of         objectives and principles for the legal    Series on Geographical
recommendations will be provided. Dr.        protection of TK and TCEs against
Kamil Idris welcomed the decision, on                                                   Indications in WIPO
                                             misappropriation and misuse. Dr.
Friday, September 28, 2007. The said         Kamil Idris stated “The IGC has already    Magazine
recommendations shall be based on            provided useful guidance for               WIPO has recently taken initiative to bring
various activities which includes            community, national and regional           the concept of “Geographical Indications
“Technical Assistance and Capacity           consultations and legislative              (GI)” into the limelight by a way of
Building; Norm-setting, Flexibilities,       initiatives. Its working materials         publishing the articles in the WIPO
Public Policy and Public Knowledge;          continue directly to help policymakers     Magazine, which is available at
Technology Transfer, Information and         working towards stronger legal   
Communication Technology (ICT) and           recognition and protection of TK and       /2007/04/article_0003.html . This
Access to Knowledge; Assessments,            TCEs. Its work on genetic resources        initiative has been taken due to the
Evaluation and Impact Studies;               and patent disclosure issues helped        reader's requests for greater coverage of
Institutional Matters including Mandate      define the terms of this crucial current   GI-related topics. First such article has
and Governance”. Dr. Idris stated “This      debate. The challenge now is to            been published in the July 2007 issue of
milestone decision is an important and       capitalize on this work in the form of     WIPO Magazine, which provides details
positive step towards ensuring that the      concrete, tangible outcomes at the         on the 2007 International Symposium on
international intellectual property          international level. I hope that member    Geographical Indications in Beijing, and
system continues to serve the public         states will build on these efforts and     on China's strategic use of GIs to promote
good by encouraging and rewarding            work for a successful conclusion           a range of specialty products.
                                            LEGAL UPDATES
Publication and Withdrawal                   not be published under
of the Patent Applications                   section 11A(3)
Filed in India: Section 11a                      1.   Where secrecy directions have
and Rule 24a of Indian                                been imposed
                                                 2.   Patent application has been
Patent Act
                                                      abandoned under section 9(1)
In accordance with section 11A, no                    i.e. when complete
application for the patent shall                      specification is not filed within
ordinarily be open to the public before               12 months in pursuance of an
the expiry of 18 months from the date of              application accompanied by
priority or from the date of application,             provisional specification.          Cipla have failed to show that the
whichever is earlier.                                                                     claims are invalid as anticipated. It also
                                             Forest's Patent on Lexapro                   pointed out that the prior art reference
Request for early
                                             Held to be valid at US                       is not enabled thus the person having
publication Rule 24A:                                                                     ordinary skill in the art shall not be
                                             Federal Circuit
Under Section 11A(2) and Rule 24A any                                                     able to make the compound by reading
                                             Ivax had filed an ANDA (Abbreviated          the prior art reference. The court noted
interested party may request the
                                             New Drug Application) seeking the            that the prior art reference suggested
controller for early publication of an
                                             marketing approval for the                   isolation of a stereoisomer to create a
application i.e. before an expiry of 18
                                             Escitalopram. The ANDA certified that        more potent drug but the reference,
months from the date of an application
                                             the claims of the US reissue patent          however, did not enable the process of
or priority whichever is earlier. Such a
                                             34,712 (the '712 patent) are invalid and     isolation. The court also found that the
request shall be made on Form 9 along
                                             are not infringed. Cipla is the intended     person having ordinary skill in the art,
with a fee of Rs 10,000/-
                                             supplier of Escitalopram and                 at the time of the invention, would be
"Provided that the period within which       contributed to the information for filing
the controller shall publish the                                                          motivated to make the new
                                             of the ANDA.                                 compounds rather than take the
application in the journal shall
ordinarily be one month from the date        Forest sued Ivax on 22nd September           difficult task of resolving the known
of expiry of said period, or one month       2003 contending that Ivax's ANDA             racemate. Also, the District Court
from the date of request for publication     infringed the '712 patent. Ivax denied       concluded that Ivax and Cipla have
under Rule 24A.                              the allegation of infringement and           failed to prove by clear and convincing
                                             counterclaimed for the invalidity of '712    evidence that the claims of the said
Withdrawal of an                             patent stating that the claims are invalid   reissue patent are obvious.
application before its                       for obviousness and anticipation.            The court also found that the secondary
publication under                            The '712 patent covers the substantially     considerations of commercial success,
                                             pure form of (+)-enantiomer of               unexpected results, and copying by
S.11A(3)(c):                                 Citalopram (referred to as Escitalopram)     others supported the validity of the
The application shall not be published if    and non-toxic acid addition salts. The       claims.
an application is withdrawn 3 months         claim 1 of '712 patent claims
prior to the expiry of 18 months from        Escitalopram specifically and claim 11
                                                                                          Federal Circuit Opinion:
the date of priority or application          recites the method of preparing the          Cipla and Ivax appealed the order of the
whichever is earlier.                        compound of claim 1 by cyclizing the         District court entering judgment
Such a request for withdrawal shall be       intermediate diol.                           upholding the validity of US reissue
made in writing along with a fee of Rs                                                    patent 34,712 in favor of Forest Labs.
                                             District Court's Decision:                   Inc. and enjoining Cipla and Ivax from
                                             After the bench trial, the district court    selling the generic version of Lexapro
Other circumstances under                    handed down the decision in favor            (Escitalopram). But the Federal circuit
which an application shall                   Forest Labs. Inc. stating that Ivax and      has upheld the validity of the said
                                                                                          reissue patent.
                                IPR PROTECTION - PATENTS
Government Says No to                       “Based on the Intellectual Property code
                                            of the Philippines and the TRIPS
Guidelines for Section 3d                   Agreement, countries have an
Section 3d of the Indian Patent Act         obligation to grant patents on
states “mere discovery of new form of a     pharmaceutical products and
known substance which does not result       processes, However, these same
in the enhancement of the known             countries are not obliged to grant
efficacy of that substance is not           patents on new uses of existing
patentable”. But term “efficacy” has not    substances. In fact, no provision in the
been defined in MPEP (Manual of Patent      TRIPS Agreement or in the Intellectual
Examination Procedure), which can           Property Code of the Philippines
provide the standards for measuring         requires the grant of patents of for
efficacy. In nutshell, there is no          such.
measurable standard given against
                                            On the other hand, all the other
which the term “enhanced efficacy”
                                            participants in the hearing support the
could be easily proved. Because there
                                            policy prescription of this particular
are no guidelines provided thus it may
                                            amendment in line with the support and
encourage the emergence of many
                                            specific recommendations of the World
patent disputes. Novartis's case, which
                                            Health Organization (WHO) and the
is much in hype these days, has
                                            Intellectual Property Office (IPO) of the
emerged as a result of this. Many
                                            Philippines. Both the WHO and the IPO
experts have felt the need for the
                                            noted that this proposed amendment
formulation of guidelines so as to bring
                                            would effectively limit the possibility of
clarity while adjudicating Intellectual                                                  will help them in saving their market
                                            several patents being issued for what is
Property issues.                                                                         share. The data gathered by E-value
                                            essentially the same invention. Further,
                                                                                         serve shows the following trend:
But the Government is of different view.    the WHO and IPO proposed that this
Economic Times reported on 18th Oct.        amendment be patterned after                 Tata motors takes the top lead in terms
2007,that the Government has                Section 3(d) of the 2005 Amendments          of the success rate of the number of
abandoned the efforts to formulate          to the India Patents Law.                    patents filed and applications accepted.
guidelines stating that such guidelines                                                  TVS motors stands as a leader in terms
                                            Under the present state of the
will only bring more confusion and will                                                  of filing maximum number of patent
                                            Intellectual Property Code of the
only complicate the matters. It stated                                                   applications. On the other had patent
                                            Philippines, parallel importation, as
that the law in itself is quite clear and                                                filings by the three companies “Maruti
                                            defined in the prior paragraph, is not
there is no need for any further                                                         Suzuki, Hero Honda and Ashok Leyland”
                                            allowed because of the adoption of the
guidelines. An official said “We would                                                   accounts for just 2 percent because they
                                            domestic exhaustion principle of
like to leave it to the wisdom of                                                        depend on their global partners for the
                                            intellectual property rights as stated in
examiners to interpret it and also the                                                   bulk of their technology.
                                            Sec. 72.1 of the same law. The current
applicants can always seek legal            provision effectively grants exclusive       First Patent Granted on
remedy.”                                    rights in the Philippines, including
                                                                                         Polymer Delivery System in
                                            authority to import, on patented
Section 3d of Indian Patent                 products in favor of the patent owner        India
Act being Adopted as Role                   only. There is, thus, a need to amend        Patent has been granted to Skinvisible
Model                                       this particular provision to allow for the   Inc., in India on polymer delivery
                                            doctrine of international exhaustion of      system (Invisicare). The key advantage
The senate in Philippines has recently      intellectual property rights in drugs and    of products formulated with Invisicare
passed “Quality Affordable Medicines        medicines instead of the current             is its unique ability to hold active
Act” which intends to amend the             domestic exhaustion of intellectual          ingredients on the skin for extended
existing patent law in line with section    property right”.                             periods of time while resisting wash-
3d of the Indian Patent Act. The main                                                    off, rub-off and perspiration. The
features of the bill include “disallowing   Large Number of Patent                       patent protection to the said delivery
the patent protection to the new            Filings by Auto-makers                       system gives an extended life to
property or new use of the existing         One of the strategies being adopted by       products coming off patent and is part
drug”, “permit importation of cheaper       the automakers to defend themselves          of new formulations for over-the-
drugs”, “Broader compulsory licensing       against the increased competition is         counter and prescription dermatology
provisions”, “adoption of Bolar type        that they are now filing great number of     products. The Company is also seeking
exemption” and “price ceiling under         patent applications in India. The            patent protection for its dermatology
certain circumstances”. The excerpts        automakers are becoming increasingly         products formulated with Invisicare for
from the text bill are presented below:     aware that the patented technologies         this country.
TVS V Bajaj – Tug Of War                     crystalline form of Gleevec on the           MSF contended that if the patent is
                                             grounds that the said polymorphic            granted then the generic production
Bajaj has a patent on Digital Twin spark-
                                             form has failed to show enhanced             would be on halt till 2018. Delhi network
ignition (DTSi) technology which was
                                             efficacy over the already existing           of positive people and the Indian
granted in India in July 2005. The use of
                                             drug, which is the requirement for           network for people living with HIV/AIDS
DTSi technology in its range of products
                                             the patentability of new forms under         registered a formal opposition in 2006.
such as “pulsar, discover and crystal” is
                                             section 3d.                                  In addition, there is widespread
the major selling point. Bajaj claims that
                                             a. In May 2006, Novartis had filed           apprehension among the public that if
TVS has used the same patented
                                             legal petition in the Chennai High           patent is granted against this pending
technology and has threatened that it
                                             Court against the denial of its patent       application the prices for this
will sue TVS for infringement.
                                             application for Gleevec. The Chennai         antiretroviral drug may be unaffordable
TVS is also going to launch the new                                                       and the Indian companies would be
                                             High Court has transferred the case
“125cc Flame” which will account for its                                                  required to pay huge amount of
                                             to the Indian Patent Appellate Board
major come back in the two-wheeler                                                        royalties to Gilead Sciences to legally
                                             (IPAB) to decide whether the new
market and states that it is using three                                                  continue their generic copies as per new
                                             form is patentable under section 3d.
valves in place of two valves and is                                                      Patent Amendment Act.
                                             The case is still pending.
based on controlled combustion
                                                                                          The US patents covering TDF generically
variable timing intelligent (CCVTi) and      b. Novartis had also filed the
                                                                                          and specifically are U.S. Patent Nos.
thus it does not infringe. TVS states that   petition in the Chennai High Court
                                                                                          5,922,695 ('695) and 5,977,089 ('089),
the technology it uses is the                challenging the constitutional
                                                                                          respectively. The US patent '695 covers
combination of in-house R&D effort VTi       validity of section 3d of the Indian
                                                                                          TDF generically and the US patent '089
and AVL's patented three-valve engine        Patent Act. The Court dismissed a
                                                                                          covers the TDF specifically. The said US
technology. It also claims that improved     petition noting that TRIPS itself
                                                                                          patents claims the priority date later
mileage and performance is because of        provided for a Dispute Settlement
                                                                                          than 1995.
the use of three valves and not two          Board to adjudicate all issues relating
plugs.                                       to the treaty. The Court stated that as      Even though TDF is a new form of a
                                             the participating nations themselves         known compound, Tinofovir, it was
TVS might file for revocation of patent
                                             had created a dispute settlement             disclosed after 1995 and thereby
stating that twin plug technology is a
                                             mechanism, we see no reason at all           making TDF eligible for patent
prior art. Experts states that the twin
                                             why we must disregard it. The Swiss          protection in India. Now, the critical
plug technology has been around for
                                             pharmaceutical giant however said            question is whether TDF has sufficient
decades. It was used by aircrafts in 50s,
                                             that it would likely not appeal the          merit to overcome the barrier of section
where dozens of different patents
                                             ruling. "We disagree with this ruling;       3 (d).
existed on this very subject.
                                             however, we likely will not appeal to
Novartis's Patent                                                                         Patent Application, covering
                                             the Supreme Court. We await the full
Application Covering New                     decision to better understand the            combination of drugs for
Form of Existing Drug under                  Court's position," said Ranjit Shahani,      HIV, withdrawn
                                             Vice-Chairman and Managing
                                                                                          Combivir (AZT/3TC) is widely used in
Prosecution                                  Director, Novartis India Limited.
                                                                                          AIDS treatment projects, and a
The case has attracted a lot of                                                           considerable amount of the AZT/3TC
attention (a) because of India's             PRE-GRANT OPPOSITION(S)
                                                                                          consumed comes from Indian generic
unusual section 3(d) which limits                 FILED IN INDIA                          manufacturers such as Cipla, Aurobindo
patentability and (b) because this is                                                     and Ranbaxy. Glaxo's patent application
the first patent challenged in the           Tinofovir disoproxil
                                                                                          covering combination drug “Combivir”
newly enacted product patent                 fumarate (TDF) – as yet                      has been opposed by the Indian
regime. Novartis had filed a patent          another target for pre-grant                 Network of People Living with HIV/AIDS
application in India covering the                                                         (INP+), the Manipur Network of Positive
beta-crystalline form of the drug            opposition
                                                                                          People (MNP+), and the Lawyers'
Gleevec. There were many generic             In this case the target was to oppose the    Collective HIV/AIDS on the grounds that
companies, one of them being                 patent application covering to the salt      the combivir is not a new drug and is
Natco, who had filed pre-grant               form of existing drug.                       merely a combination of two already
opposition under section 25 (1)              Gilead filed a patent application in India
stating that the new form of the             covering TDF, which is a pro-drug of
existing drug is not patentable as           Tinofovir developed to encounter
the beta-crystalline form of Gleevec         bioavailability. The said patent
(i.e. the new form of the existing           application was opposed under section
drug) does not show enhanced                 25 (1) by MSF, on behalf of HIV positive
efficacy over the existing drug              patients, on the grounds that the
Gleevec. In January 2006, Indian             subject matter is not patentable under
patent office rejected the grant of          section 3d as the Gilead's TDF is only
the patent covering the beta-                new form of the existing drug.
known drugs Lamivudine and                    Indian Patent Office, does not show any       1995 and the new combination tablet
Zidovudine which is thus not patentable       request for withdrawal for the Combivir       formed is no major innovation. Also,
under section 3d of the Indian Patent         patent application.                           they state that patenting of these drugs
Act.                                                                                        would have dire consequences as such
The opposition is based on technical
                                              Patent applications                           patented drugs shall not be available to
and health grounds. Opponents                 covering Ritonavir,                           public at affordable prices.
contend that if India grants a patent on      Lopinavir and Kaletra, an                     The Indian patent office is expected to
the said AIDS drug, it will set a                                                           rule on these cases in the next few
precedence that will hamper access to
                                              HIV drug, opposed                             months.
affordable AIDS medicines worldwide.          Recently, the Karnataka Network of
                                              Positive (KNP) and Indian Network for
                                                                                            Eli Lilly loses patent over
"Decisions made by Indian patent
offices are a question of life or death for   people living with HIV/AIDS (INP) have        osteoporosis drug
people living with HIV/AIDS who rely on       opposed the grant of a patent for three
                                                                                            Eli Lilly & Co.'s patent application
the availability of affordable AIDS drugs     of Abbott's products — Ritonavir,
                                                                                            covering Forteo, which is the only one
and other essential medicines made by         Lopinavir and Kaletra, on the grounds
                                                                                            biotechnology drug available in India for
Indian generic manufacturers," explains       that these are not true innovations. They
                                                                                            the treatment of osteoporosis, has been
Anand Grover, Director of Lawyers             contend that these are pre-1995
                                                                                            opposed by the generic drug maker USV.
Collective HIV/AIDS Unit.                     molecules, which have been slightly
                                                                                            After the hearing on pre-grant
                                              modified and these applications do not
In an open letter of August 2006, GSK                                                       opposition the Kolkatta patent office has
                                              comply with Section 3(d) of the Indian
announced that it shall withdraw its                                                        rejected the grant of the said patent
                                              patent law.
patent application in India for the AIDS-                                                   application. The patent application has
drug Combivir”. GSK said in a                 Kaletra is a combination drug of              been rejected on grounds of prior
communiqué from Thailand: "In June            Ritonavir and Lopinavir and the effects       knowledge and failure to establish
2006, GSK instructed its agents in            include non-refrigeration, more               enhancement of known efficacy. Indian
Thailand and India to withdraw this           bioavailability, stability, more solubility   patent law does not permit patent
patent application. This means that GSK       in water.                                     protection for drugs if it is patented
has no patent protection on Combid/           The opponents contend that the patent         elsewhere before 1995. Forteo is the
Combivir in Thailand or India, and is not     applications should be rejected on the        synthetic form of PTH (parathyroid
seeking any." BUT on the contrary,            grounds the both the drugs are pre-           hormone)
                                IPR PROTECTION - COPYRIGHT
You Tube Stepping up to its                 Pepsi Threatened to be Sued                  The Economic Times reports that the
                                                                                         recently released film, Salman Khan &
Responsibility to End the                   for Copyright Infringement                   Govinda starrer, “Partner” is facing bad
Practice of Infringement                    Bob Carlos Clarke, who was Britain's         time. Sony the copyright owner, is
You Tube is an online video leader and      most celebrated celebrity                    planning to sue the producers of the
faced serious problem when it was sued      photographers, died last year. Now, the      film “Partner” with the allegation that it
by Viacom Inc.for $1 billion for showing    lawyers acting on his estates are gearing    is a copy of “Will Smith's Hitch”. Sony has
thousands of clips, which the New York-     up to take legal action against “Pepsi”      planned to come into the cinema market
based company owned. There were no          claiming that it has infringed the           in the big way and wishes to launch
adequate measures taken up to remove        copyrights of Bob Carlos by using the        Indian language versions of hit
copyrighted material from the website       image of a female tongue and lips in         Hollywood films. Copying by the
which lead to rampant piracy problems.      new advertisements. They are asking for      Bolywood producers is creating a great
YouTube said that it had been abiding       adequate financial compensation for          hindrance in Sony's moves.
by the copyright laws by removing the       infringing his copyright. While “Pepsi” is
                                                                                         Will Smith's Overbrook Entertainment
copyrighted material upon request.          constantly claiming that the use of such
                                                                                         and Sony Pictures Entertainment are
Google purchased YouTube eleven             an image is sheer coincidence as they
                                                                                         contemplating a $30-million suit
months ago and now they are ready to        have never seen clark's work.
                                                                                         against Eros Entertainment and K Sera.
roll out the mechanism (filtering           Suit Against Organizers of                   Every single review of the film Partner
system) that will stop the posting of                                                    had a mandatory line about the film
copyright-infringing videos. The
                                            Durga Puja                                   being lifted from Hitch that a simple
Filtering system works by creating          In a mood to celebrate Durga Puja with       Google search for 'Hitch Hindi' makes it
digital fingerprint of the original video   great pomp and show the organizers           terribly apparent!
and then compares it with every file        have made the pandal in the shape of
                                                                                         Gone are the days, when you could, as a
                               uploaded     Hogwart's castle as their pandal theme
                                                                                         producer, with blissful arrogance, lift a
                               on You       and have used models of Harry Potter.
                                                                                         Hollywood hit, scene by scene, throw in
                               t u b e .    J. K. Rowling, the creator of “Harry         a couple of the action stars, diluted
                               Thus, as a   potter” has sued the organizers on 8th       down action chops, a pirouette around
                               result the   Oct., asking for Rs 20 lakh, in the Delhi    the tree or two and make a hit out of it.
                               copyright    High court alleging that they have
                                                                                         This age of information has so shrunk
                               s owners     infringed the copyright.
                                                                                         the world, that seldom do we know the
                               w o u l d
                                            But the organizers have claimed that         speed at which information is
                               have to
                                            they were not aware of the fact that they    transferred and processed, to make its
                                            have to seek permission of the author        economic and financial changes and
                                            and are ready to apologize.                  results all over the world from a singular
                               copy of
                               t h e i r    $30-Million Suit for
                               work and                                                  As expected, K Sera and Eros along with
                                            Copyright Infringement for                   the director have feigned ignorance of
submit along with it the proof that they
own the copyright.                          “Partner” in Theft                           the whole matter.
R e g i s t r a t i o n o f                     product originating therein, the            Agreement. Two contentious issues
                                                qualities of which are due exclusively or   under discussion in WTO are:
Geographical Indications – a                    essentially to the geographical             a) Negotiations on the establishment of
Contentious Issue                               environment, including natural and          a multilateral system of notification and
Geographical Indications are defined as         human factors. Also, both the Paris         registration of GIs for wines (foreseen
"indications”, which identify a name of         Convention for the Protection of            by TRIPS Article 23.4). As per the debate
place of the origination of the goods.          Industrial Property and the Madrid          this could be either be done by
Geographical Indications determine              Agreement for the Repression of False       establishing the comprehensive
that the goods possess particular               or Deceptive Indications of Source on       register with legally binding effect on all
qualities or a reputation due to that           Goods use the term “indications of          WTO members or International
place of origin. It is also referred to as by   source”.                                    database.
names such as “appellation of origin”           WIPO Magazine has recently started the      b) The extension to other products with
and “Indications of source”.                    publication of new series of articles on    the higher level of protection, which the
The term “appellation” is understood as         geographical indications (GIs), which       TRIPS Agreement (Article 23) currently
narrower than “indication.” This was            c a n     b e     v i e w e d        a t    affords to GIs for wines and spirits.
defined in the 1958 Lisbon Agreement           Those in favor of extending the
for the Protection of Appellations of           n/2007/04/article_0003.html.                additional protection, argue that the
Origin and their International                  Multilateral debate regarding the           current provisions discriminate against
Registration, as the geographical name          international protection of GIs             producers of products other than wines
of a territory, which designates a              continues to center on the WTO-TRIPS        and spirits.
                             IPR PROTECTION - TRADE MARKS
CFAI Loses Trademark for                    Association of Investment Management         “accession to the Madrid Protocol will
                                            and Research) on July 13, 2005 was in        provide better and extensive
CFA Course                                  contravention of rules and has thus          protection to Indian mark owners
CFAI and ICFAI had initially operated       been cancelled. "The trade mark shall be     abroad and ease the filing of
jointly in offering the CFA (Chartered      re-advertised in the Trade Marks journal     applications by foreign mark owners in
Financial Analyst) course in India. ICFAI   giving proper opportunity to the general     India”.
is the Hyderabad-based Institute of         public to file the notice of opposition if
Chartered Financial Analyst of India and    any," he added.                              Disclaimer: The IPR Spotlight
CFAI is the US-based Chartered Financial                                                 presented by FICCI is for keeping the
Analyst Institute. After falling out in     India to Join Madrid Protocol                readers abreast of happenings in the
1998, both institutes applied for           On 8th February 2007, India's Union          IP World and is for information only.
trademark registration. CFAI got its        Cabinet has approved India's                 The contents presented in the
trademark registered in 2005, which         accession to Madrid Protocol                 newsletter do not represent FICCI's
was opposed by ICFAI.                       Concerning the International                 views. The interpretation of any laws
CFAI has finally lost the game. G L         Registration of Marks, which was             contained herein should not be
Verma, deputy registrar of trademarks,      administered by World Intellectual           construed as legal advice and its
in a recent order said that the trademark   property Organization. Indian Finance        validity must be verified from other
issued to CFAI (formerly known as           Minister P. Chidambaram stated               sources.