03 Feb IPR news sheet – Year 2020- Compilation of important Intellectual Property News from Daily News Papers
Our IPR regime robust, in compliance with best global practices: DPIIT Secy
Business Standard (25/02/2020)
India’s intellectual property rights (IPR) regime is robust and legally sound and not “deficient” at all, a top government official said on Tuesday. The response came in the wake of a US official questioning the India’s IPR system. Secretary in the Department for Promotion of Industry and Internal Trade (DPIIT) Guruprasad Mohapatra said that the country’s IPR regime is in compliance with all international best practices. “In fact, some of the countries are emulating our ideas because we do not provide ever-greening of certain patents which completely outlived their utility. The way our IPR works in the pharma sector particularly, it provides low cost, affordable and high quality medical care, but let us not at all think that our IPR system is any deficient,” he said.
https://www.business-standard.com/article/pti-stories/india-s-ipr-regime-robust-in- compliance-with-best-global-practices-dpiit-secy-120022501594_1.html
U.S. – “India MoU on Intellectual Property Rights a matter of serious concern”
The Hindu (25/02/2020)
It may undermine the legislative intent behind our Patents Act, say healthcare accessibility groups
Groups working on healthcare access in India have said the proposed U.S.-India MoU on Intellectual Property Rights (IP) is a matter of serious concern. The groups including the All India Drug Action Network (AIDAN), the National Working Group on Patent Laws, the WTO Campaign for Access to Medicines and Devices–India and the Third World Network (India) Drug Action Forum, Karnataka (DAF-K) have approached the Central government saying the U.S. had been pressing India to make changes in its IP legislation, rules and procedures through the annual United States Trade Representative (USTR) Special 301 reports and was also interested in getting the Indian IP management officials to opt for a stronger IP regime.
https://www.thehindu.com/news/national/us-india-mou-on-intellectual-property-rights- a-matter-of-serious-concern/article30914524.ece
Rejecting opposition, India grants US firm Gilead patent for HIV drug Cobicistat
Financial Express (25/02/2020)
In a victory to US biopharmaceutical company Gilead Sciences, India’s patent office on Monday granted an Indian patent to Cobicistat, marketed under trade name Tybost, a licensed drug for use in the treatment of HIV and AIDS.
The patent office in Delhi granted it to Gilead after rejecting the pre-grant opposition filed by a patient group named Uttar Pradesh Welfare for People Living with HIV/AIDS Society (UPNPplus), a community-based, non-profit organisation. According to industry reports, Cobicistat is a component of three four-drug, fixed-dose combination for HIV treatment and being marketed in the US.
https://www.financialexpress.com/industry/rejecting-opposition-india-grants-us-firm- gilead-patent-for-hiv-drug-cobicistat/1878081/
Civil society groups urge govt. not to dilute IP laws
The Hindu Business Line (23/02/2020)
Civil society organisations are taking no chances with the US President Donald Trump’s visit to India, even though, in his own words, the “big deal” is being saved for later. A clutch of civil society organisations (CSO) have written to Union Commerce and Industry Minister Piyush Goyal raising concerns over the possibility of a deal of some sort on Intellectual Property Rights (IPR). “India’s IP laws, especially the Patents Act, Copyrights Act and Protection of Plant Varieties and Farmers Rights Act, contain robust public interest safeguards against the abuse of IP monopolies,” the letter said, urging the Government to reject any demand to directly change laws or indirectly impact the implementation of the public interest provisions. The CSOs also called for details of any such deal to be made public before formalising it.
https://www.thehindubusinessline.com/economy/civil-society-groups-urge-govt-not-to- dilute-ip-laws/article30895843.ece
India should bring in robust infrastructure for IP financing, says report
The Hindu Business Line (21/02/2020)
India should focus on creating an intellectual property (IP) financing ecosystem and would do well to take lessons from IP-friendly countries such as Singapore and Korea, according to Aviral Jain, Managing Director, Valuation Advisory Services, Duff & Phelps. “We need to have a mechanism for availing requisite financial support as well as a robust marketplace for IP assets in India,” Jain said.
https://www.thehindubusinessline.com/economy/india-should-bring-in-robust- infrastructure-for-ip-financing-says-report/article30880771.ece
India, US ink pact on intellectual property rights
The Economic Times (20/02/2020)
India and the US have signed an agreement on intellectual property rights (IPR) ahead of US President Donald Trump’s visit. The Cabinet Wednesday approved an MoU with the US on the issue of IPRs, information and broadcasting minister Prakash Javadekar said. Terming it a knowledge-sharing agreement, officials said the agreement will enrich the IPR systems between the two sides. The pact comes in the wake of India slipping to 40th position on the US Chamber’s International IP Index. The country continues to figure in the US’ Priority Watch List that identifies trade barriers to US companies due to IP laws of other countries.
https://economictimes.indiatimes.com/news/international/business/india-us-ink-pact- on-intellectual-property-rights/articleshow/74218241.cms
Experts for highlighting role of IPR
The Times of India (18/02/2020)
Academics, technocrats and industry professionals from different parts of the country highlighted the crucial role played by Intellectual Property Rights (IPR) in the economic development of the country on Monday. They pleaded for propagating its awareness in every section of the society. Addressing a two-day national workshop on ‘IPR and Patents’ organized by the National Institute of Technology-Patna (NIT-P), they pointed out that in today’s globally competitive environment, intellectual property (IP) was becoming increasingly important. “It is the fuel that powers the engine of prosperity, fostering invention and innovation,” they added.
https://timesofindia.indiatimes.com/city/patna/experts-for-highlighting-role-of- ipr/articleshow/74180210.cms
Kirti College’s National Symposium on IPR
The Times of India (17/02/2020)
IQAC and Research Promotion committee of DES’s Kirti College in collaboration with other DES institution namely NMITD and SK Business School jointly organized National Symposium on Intellectual Property Rights: A prerequisite for higher education and research on 15th Feb 2020. Three noted IPR experts namely Dr. Dinesh Patil, Dr. Bhushan Choudhari and Ms. Sandhya Kothari were the resource persons for this symposium.
https://timesofindia.indiatimes.com/citizen- reporter/stories/kirticollege2623393bsnationalsymposiumonipr/articleshow/74166734.c ms
‘India a promising yet challenging market for IP-intensive industries’
The Hindu Business Line (17/02/2020)
India has made significant progress in protecting intellectual property (IP) but the “job is not yet done”, said the US Chamber of Commerce’s Global Innovation Policy Center (GIPC) after the release of its latest International IP Index. The index ranked India at 40 among 53 countries, where it was evaluated on issues from patent and copyright policies to the commercialisation of IP assets and ratification of international treaties.
https://www.thehindubusinessline.com/economy/india-a-promising-yet-challenging- market-for-ip-intensive-industries/article30836137.ece
Intellectual property protection crucial in knowledge economy, says NRDC CMD
The Hindu (10/02/2020)
National Research Development Corporation (NRDC) Chairman and Managing Director
- Purushotham on Monday called for awareness on Intellectual Property Rights (IPR) and elaborated as to how intellectual property protection played a vital role in knowledge economy. He was speaking at a national workshop on ‘Intellectual property protection and innovation management for competitiveness of academia and industries’ organised by the NRDC in association with School of Law, GITAM (deemed to be university), Department for Protection of Industry and Internal Trade, the Ministry of Commerce and Industry, AP Innovation Society (APIS) and the World Intellectual Property Organisation.
https://www.thehindu.com/news/national/andhra-pradesh/intellectual-property- protection-key-in-knowledge-economy-says-nrdc-cmd/article30784918.ece
Trademark row: 2 get jail for not removing gym title
The Times of India (09/02/2020)
In a first, two persons have been sentenced imprisonment for one month in a case related to intellectual property right. A local court has ordered to send them to civil imprisonment for disobeying court order and thereby committing contempt of the court. Two owners of a fitness centre in Makarba, Alamkhan Pathan and Muhibullah Saiyed, have been ordered one-month imprisonment for not changing the name ‘I Gymholic’ of their fitness centre. Their former partner, Ishan Qureshi, had been claiming exclusive trademark right over the branch and had sued them for usurping his trademark.
https://timesofindia.indiatimes.com/city/ahmedabad/trademark-row-2-get-jail-for-not- removing-gym-title/articleshow/74035343.cms
Nirma wins salty trademark suit
The Times of India (06/02/2020)
Nirma Ltd won a trademark case against a Rajasthan-based salt company and a local court restrained the latter from selling its products under the brand ‘Neema Sudh Iodised Salt’ and under a label with mark similar to it. A city civil court restrained Pawan Salt Suppliers last week based on a 16-year-old suit filed by Nirma Chemical Works Ltd and Nirma Ltd.
https://timesofindia.indiatimes.com/city/ahmedabad/nirma-wins-salty-trademark- suit/articleshow/73969654.cms
Patent application examination time cut to 24-36 months: Goyal
The Hindu (05/02/2020)
The Union Commerce minister said in the Lok Sabha that the time taken for examination of patent applications has been brought down from 72 months in 2014-15
India has significantly cut down the time taken for examination of patent applications to about 24-36 months from the 72 months earlier, Commerce and Industry Minister Piyush Goyal said in Lok Sabha on Wednesday. “As a result of several measures taken by the government, the time taken for examination of patent applications has been brought down from 72 months in 2014-15 to around 24-36 months at present,” he said during Question Hour. Mr. Goyal also said that pendency in patent examination has come down from 1,78,525 in 2014-15 to 81,271 in January and the disposals of applications too have increased from 14,316 in 2014-15 to 48,751 in 2019-20 till January.
https://www.thehindu.com/news/national/patent-application-examination-time-cut-to- 24-36-months-goyal/article30741528.ece
India slips to 40th position on International Intellectual Property Index
Financial Express (05/02/2020)
India’s slipped to 40th position on the International Intellectual Property (IP) Index, which analyses the IP climate in 53 global economies, this year, according to a report of US Chamber of Commerce’s Global Innovation Policy Center. Last year India was ranked at 36th position out of 50 countries.
https://www.financialexpress.com/economy/india-slips-to-40th-position-on- international-intellectual-property-index/1857611/
Setting up of an IPR digital platform to guard patents
The Economic Times (02/02/2020)
The budget has proposed to set up a digital platform for seamless application and capture of Intellectual Property Rights. This will promote and safeguard patents at a time when protecting IPR has assumed global significance, as it had become one of the major talk points in the ongoing US-China trade negotiations.
https://economictimes.indiatimes.com/tech/software/and-now-an-ipr-digital-platform- to-guard-patents/articleshow/73859813.cms
‘Pad man’ gets patent for his 2002 invention
The Hindu (01/02/2020)
Social entrepreneur says he will give the rights to machine-users
Coimbatore-based social entrepreneur Arunachalam Muruganantham has got the patent rights for the low-cost sanitary pad-making machine he invented more than a decade ago. Mr. Muruganantham initiated the process to get a patent in 2006 for the machine that he invented in 2002. “Getting a patent involves a lot of documentation and process. I was unaware of the details when I applied for patent,” he said, adding that getting the patent was his real wealth.
https://www.thehindu.com/news/cities/chennai/pad-man-gets-patent-for-his-2002- invention/article30708811.ece
Scientist bats for technology domination through IPR
The Hindu (31/01/2020)
Technology is power and will continue to be so in the foreseeable future, R. Chidambaram, Nuclear Scientist and former Principal Scientific Adviser to Government of India, has said. “Technology domination is sought in the fields as diverse as human genomics and nuclear weapons through mechanisms of Intellectual Property Rights (IPR) and technology control regimes,” said Dr. Chidambaram during a seminar on ‘The Many Dimensions of Scientific Research’, organised at SRM University coinciding with the first Research Day it observed here on Friday.
https://www.thehindu.com/news/national/andhra-pradesh/scientist-bats-for- technology-domination-through-ipr/article30706351.ece
Greta Thunberg patents own name and ‘Fridays for Future’
The Hindu (30/01/2020)
The 17-year-old Swede said her name and the movement’s name were constantly being hijacked for commercial purposes without any consent. Teen eco-warrior Greta Thunberg said Wednesday she has registered both her own name and her “Fridays For Future” global protest movement as trademarks in order to prevent them from being hijacked for fraudulent purposes.
https://www.thehindu.com/news/international/greta-thunberg-patents-own-name-and- fridays-for-future/article30689519.ece
Turmeric-based tech to kill cancer cells gets US patent
The Times of India (14/01/2020)
A potentially breakthrough cancer-fighting technology involving a molecule extracted from turmeric has won Thiruvananthapuram’s Sree Chitra Tirunal Institute for Medical Sciences a US patent.
https://timesofindia.indiatimes.com/india/turmeric-based-tech-to-kill-cancer-cells-gets- us-patent/articleshow/73236809.cms
India contributes 900 patents to IBM’s global innovation pool
The Hindu (14/01/2020)
IBM has topped the list of the most U.S. patents granted, with more than 9,200 patents achieved in 2019. India, interestingly, is the second highest contributor with over 900 patents, according to the company.
https://www.thehindu.com/business/india-contributes-900-patents-to-ibms-global- innovation-pool/article30569940.ece
Budget 2020: Need for comprehensive IPR policy to stimulate innovation in startups, small businesses
Financial Express (12/01/2020)
Budget 2020 India: While critics of a robust IP framework view the provision of basic legal protections a daunting task, let’s not forget that IP is an important factor in stimulating the growth of both small business and national economy. And, the road ahead requires the continued dedication from the government; the effects of fixes to India’s IP system have already begun to show results – some $130 billion’s worth. With venture capitalists and angel investors realizing the potential of patent rights, the future appears bright.
https://www.financialexpress.com/budget/budget-2020-need-for-comprehensive-ipr- policy-to-stimulate-innovation-in-startups-small-businesses/1820510/
HUL wins latest round of water purifier patent battle against Tatas
Financial Express (06/01/2020)
Competition in the country’s $391.4-million water purifier market has been hotting up of late as the market is expected to grow at a CAGR of 13.% to reach $818 million by 2024, according to industry experts.
The latest round of battle over patent for water purifiers between biggies Hindustan Unilever (HUL) and Tatas has gone in favour of the former. The country’s patent office has rejected the application filed by Tata Chemicals, along with Tata Consultancy Services, for its water purifier, concurring with the objections raised in a pre-grant opposition filed by HUL which pointed out that the ‘claimed invention’ lacks inventive steps and is obvious to a skilled person. Tatas retails water purifiers under the brand name Swach, pitched as a low-cost purifier for low-income groups.
https://www.financialexpress.com/industry/hul-wins-latest-round-of-water-purifier- patent-battle-against-tatas/1813924/
Biocon, partner Mylan win patent litigation on insulin glargine device in US
Live Mint (11/03/2020)
Biopharmaceutical firm Biocon Ltd and its partner Mylan have won litigation in a US court which invalidates a Sanofi patent on a device to deliver insulin glargine, removing a key legal hurdle for commercialization of their product Semglee in the world’s largest pharmaceutical market, the company said in a release.
Local IT firm sues Microsoft for trademark violation
The Times of India (13/03/2020)
A local Information Technology company, Azure Knowledge Corporation, has sued international software giant Microsoft Corporation, complaining that the latter is violating its rights by use of its trademark ‘Azure’.
The local company urged the court to stop Microsoft from infringing on its trademark rights by using the terms ‘Azure’, ‘Microsoft Azure’, ‘Azure Cosmos DB’, ‘Azure Cloud for All’, ‘Azure Sphere’, ‘Azure Brain Wave’ and other words deceptively similar to the registered trademark. It termed Microsoft’s use of the domain name ‘www.azure.microsoft.com’ an infringement and demanded that Microsoft be told to stop using it or to change it.
Broadcom sues Netflix over patent infringement on video playback tech
The Hindu Business Line (16/03/2020)
Company’s sales impacted as a result of Netflix’s video streaming technology. Chipmaker Broadcom has sued Netflix over patent infringements with regard to video playback and data transmission. According to the company that manufactures semiconductor chips for cable set-top boxes, Netflix has infringed on eight patents dealing with video playback and data transmission.
Delhi HC restrains Indian e-rickshaw maker from using trademark similar to German auto major BMW
The Hindu (24/03/2020)
BMW has accused the Indian manufacturer of infringing upon its trademark with a “dishonest intention” to take advantage of its reputation and goodwill
The Delhi High Court has restrained an Indian e-rickshaw manufacturer from “in any manner dealing with any goods” bearing the mark ‘DMW’ or any other mark identical or deceptively similar to that of German automobile major, BMW.
Chandigarh: ‘Intellectual property theft allegation baseless
The Times of India (03/04/2020)
In response to allegations of intellectual property (IP) theft by PGIMER-based doctors against Mahindra and Mahindra, the company issued a statement through its spokesperson on Thursday. The company spokesperson said Mahindra has no intention of making profit from the manufacture of respirators and does not intend to continue manufacturing them after the end of the pandemic as it is completely unrelated to its mainstream businesses.
Why the ‘Mr India’ rights dispute points to more loopholes in Bollywood
Live Mint (10/04/2020)
The film’s original director Shekhar Kapur and lead actor Anil Kapoor were unaware of the sale of remake rights. To avert Intellectual Property Rights challenge, many filmmakers have called their films mere re-imagination and not official remakes. A few weeks ago, Zee Studios stoked controversy by getting Tiger Zinda Hai and Sultan director Ali Abbas Zafar on board for a three-part remake of the 1987 classic, Mr India. But the fact that the film’s original director Shekhar Kapur and lead actor Anil Kapoor were unaware of the sale of remake rights and irked about not being consulted points to deeper loopholes in Bollywood, said media industry experts.
Covid opens a new flank in the IP vs public health stand-off
Business Line (25/04/2020)
It has made governments realise that IP could impede their access to medicines, vaccines, tech or reagents
April is usually a month of much activity on the Intellectual Property (IP) front. There are global IP rankings and reports, actions and counters, that fly thick and fast between countries, and a key player here is the US. The novel coronavirus (Covid-19) pandemic may have cast its shadow over these IP reports and the cross-country discussions around them. But it has, however, brought home to governments the realisation that IP could impede their access to medicines, vaccines, technology or reagents that are used in laboratory tests.
Pro-health groups slam US for targeting India, other nations over IP rights
The Hindu Business Line (30/04/2020)
Special 301 report seeks to block affordable medicines even in the middle of pandemic: Medicins Sans Frontieres
The Special 301 report released by the United States Trade Representative (USTR) has been criticised by pro-health voices for targeting countries that had implemented public health safeguards in their intellectual property policy framework. The USTR report rates trading partners on their performance in implementing intellectual property rights (IPR). And this year, too, the Special 301 report put India on its ‘Priority Watch List’ for the “lack of sufficient measurable improvements to its IP framework on long-standing and new challenges that have negatively affected US right holders over the past year.”
India remains on U.S. Priority Watch List
The Hindu (30/04/2020)
While India made “meaningful progress” to enhance IP protection and enforcement in some areas, it did not resolve recent and long-standing challenges, and created new ones, the United States Trade Representative’s report said. India continues to be on the ‘Priority Watch List’ of the United States Trade Representative (USTR) for lack of adequate intellectual property (IP) rights protection and enforcement, the USTR said in its Annual Special 301 Report, released on Wednesday.
Task force on intellectual property rights mooted in State
The Hindu (29/07/2020)
A senior official of Telangana government has mooted a task force to promote and enforce Intellectual Property Rights (IPR) in the State.
Industries and IT Secretary Jayesh Ranjan made this suggestion at a virtual IP Summit organised on Wednesday by the Confederation of Indian Industry (CII). CII and other stakeholders should be part of the task force, he said. According to a CII release on the summit, Mr Ranjan said this while highlighting how the State government was keen on encouraging researchers, innovators and IP creators. It had also launched the Telangana State Intellectual Property Awards (TS-IPA). However, in the wake of COVID-19, the award could not be finalised. Chairman of CII National Committee on Intellectual Property Ramesh Datla proposed formation of State IP Policy. CII Telangana chairman Krishna Bodanapu underscored the need for more forums like the summit to share experiences and to contributing to making of a robust IP ecosystem.
Madras High Court restrains Patanjali from using trademark ‘Coronil’
Business Standard (17/07/2020)
Justice Karthikeyan passed the order valid till July 30 on the plea of Chennai-based company Arudra Engineering Private Limited
The controversial drug of yoga guru Ramdev’s Patanjali Ayurved Ltd – Coronil- which is claimed as a cure for Covid-19, has received a blow with the Madras High Court restraining the company from using the trademark ‘Coronil’. Justice C V Karthikeyan passed the interim order valid till July 30 on the plea of Chennai-based company Arudra Engineering Private Limited which has claimed that ‘Coronil’ is a trademark owned by it since 1993.
Bombay HC: Prima facie HUL prior adopter of trademark in skin care spat, but will hear both sides
The Times of India (06/07/2020)
In a trademark war that may not be handsome, Bombay high court on Monday observed that prima facie, it does appear that Hindustan Unilever Limited (HUL) is a “prior adopter” of the trademark ‘Glow & Handsome’. Justice B P Colabawalla was hearing a plaint by HUL to get a prior notice from home-grown FMCG, Emami Ltd, in case of any legal battle.
Iskcon, a well-known trademark, apparel firm must not use it: HC
Hindustan Times (28/06/2020)
The Bombay high court on Friday declared ‘Iskcon’ to be the registered trademark of the religious organisation International Society for Krishna Consciousness and a ‘well-known mark in India’. The declaration implies that anyone found using the trademark, would be liable for prosecution and damages for infringement. The court issued the declaration while hearing a suit by the organisation, wherein, it had sought restraint on an apparel company from using the said trademark. The decree of ‘well known’ trademark is usually issued by the trademark registry. The bench of Justice BP Colabawalla, while hearing a commercial intellectual property suit filed by the religious organisation through advocates Hiren Kamod, Vaibhav Keni and Neha Iyer submitted that Iskcon Apparel Pvt. Ltd. sold its products online using the name Iskcon. This action of the company amounted to an infringement of the trademark registered in the name of the organisation.
HC seeks Singh brothers’ reply on Daiichi’s plea to sell Fortis trademark
Business Standard (25/06/2020)
Senior advocate Arvind Nigam, appearing for Daiichi, said this was a deliberate attempt to deprive the company from enjoying the fruits of the award in its favour
The Delhi High Court has sought response of former Ranbaxy promoters Malvinder Mohan Singh and Shivinder Mohan Singh on a plea by Daiichi Sankyo seeking to attach and sell trademarks of Fortis and Religare and recover the amount due to the Japanese company. The high court has directed for maintaining status quo on the Religare trademark till July 28. The high court has been hearing the petition filed by Japanese pharma major Daiichi Sankyo seeking execution of Rs 3,500 crore Singapore tribunal arbitral award passed in its favour and against the Singh brothers, former promoters of Fortis Healthcare, in April 2016.
India IoT patent filing sped in past 5 yrs but MNCs dominate list: Nasscom
Live Mint (05/06/2020)
Nasscom on Friday said about 6,000 Internet of Things (IoT) patents were filed in India from 2009-19, of which over 5,000 were filed in the last five years. But over 70% of the patents filed in India were from R&D centers of global companies, Indian companies and start-ups accounted for just about 7%. Over 40% of the total IoT patents filed in the country have been granted, with global companies accounting for 90% of them.
Delhi HC grants relief to Sun Pharma in trademark suit for drug Labebet
Live Mint (05/06/2020)
The suit filed by Sun Pharma sought a decree of permanent injunction to restrain the defendants from manufacturing, marketing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations under the mark Lulibet. The Delhi high court on Friday granted relief to Sun Pharma Laboratories Limited by restraining BDR Pharmaceuticals International Private Limited from using the trademark Lulibet or any other mark that is phonetically, structurally or visually similar to the former’s drug Labebet.
World leaders call for a ‘people’s vaccine’ sans patent exclusivities and charges
The Hindu Business Line (15/05/2020)
Just days ahead of the World Health Assembly that will see virtual participation of health ministers from around the world, an international call has gone out for a “people’s vaccine” for use against the novel coronavirus (Covid-19). Over 140 world leaders and experts, including Pakistan Prime Minister Imran Khan, President of South Africa and Chair of the African Union, Cyril Ramaphos, and former Prime Minister of the UK Gordon Brown, have signed an open letter calling on all governments to unite behind a “people’s vaccine”.
Delhi HC puts on hold intellectual property rights authority notice on limitation
Deccan Herald (12/05/2020)
The Delhi High Court has put on hold the operation of a public notice issued by the intellectual property rights authority giving lawyers and litigants time till May 18 to complete documentation process in cases before it.
Justice Rajiv Shakdher, while putting on hold the May 4 public notice of Controller General of Patents, Designs and Trademarks (CGPDTM), said the Supreme Court had in its March 23 order directed that limitation period in all cases would stand extended until further orders with effect from March 15.
Trademark case: HT Media wins against US-based company
Hindustan Times (06/05/2020)
The Delhi high court observed that the firm’s bad faith could be inferred from the extortionist price quoted for the sale of the trademark and that HT’s “goodwill spills over internationally” to other countries. HT Media Limited, publisher of Hindustan Times,and its subsidiary Hindustan Media Ventures Limited, publisher of the Hindi-language daily Hindustan, secured relief in a trademark case against US-based Brainlink International Inc., with the Delhi high court restraining the latter from using the domain name www.hindustan.com or any other mark similar to “Hindustan and “Hindustan Times”.
IPR, innovation critical ingredients of economy: Nirmala Sitharaman
The Hindu (07/08/2020)
Intellectual Property Rights and innovation were critical ingredients of the economic framework, according to Union Finance Minister Nirmala Sitharaman. The Finance Minister made this remark at a virtual meeting organised by the SASTRA, Deemed to be a University, Thanjavur, to mark the inauguration of the Nani Palkhivala Centenary Celebrations on Friday.
Mphasis awarded US patent for Artificial Intelligence system to analyse data
The Economic Times (12/08/2020)
Information technology solutions provider Mphasis NSE -2.05 % announced on Wednesday it has recently been granted a US patent for its artificial intelligence system for tracking, managing and analysing data from unstructured data sources. The patent relates to optimised data aggregation and analytics across physical and digital data sources, the Bengaluru-headquartered company said in a statement.
IIT-Bombay records two-fold rise in number of patents
Hindustan Times (26/08/2020)
The Indian Institute Technology, Bombay, recorded an almost two-fold increase in the number of patents granted to it for its innovations in the academic year 2019-20 as compared to the previous year. According to the data released during the 58th annual convocation ceremony of the institute, the premiere technology institute, which has been identified as an Institute of Eminence by the Centre, received 86 intellectual property rights (IPR), including patents and trademarks in the year 2019-20. This translates into a success rate of 56% as the institute had applied for 153 IPRs. In comparison, it had applied for 133 IPRs in 2018-19, of which only 48 were granted _ a 36% success rate. Of the 97 Indian patent applications filed in 2018-19, only 20 were granted. However, in 2019-20, the institute received 42 Indian patents against an application of 97.
Gujarat: State varsities to have courses in IPR, start-up
The Indian Express (10/09/2020)
Aiming at the emergence of graduates that are job creators and not seekers by supporting a target of 1,000 student-led innovations per year, that could lead to filing of up to 1,000 Intellectual Property Rights (IPRs) from universities in Gujarat every year, the state education department has decided to introduce at least one start-up and IPR course in each university. The course is to be preceded by an online IPR certificate course for faculty members. Additionally, a dedicated state-level Intellectual Property Facilitation Centre (IPFC) under the Student Start-up and Innovation Hub (i-Hub) has also been set up by the Gujarat education department in order to provide students an IPR support mechanism and effective implementation of IP guidelines. The i-Hub is governed by the Student Start-up and Innovation Policy (SSIP). The state-level facilitation centre will be replicated at each university level while a few state universities have already initiated and set up their IPR facilitation centres.
Copy-paste? Think twice : A deep dive into the world of online plagiarism
The Hindu (14/09/2020)
Truth has perhaps been the most obvious casualty of the Internet age, as copy-paste culture has permeated the creative process. And nowhere has this been more visible than in mass media. With the lockdown adding to the woes of an already economically stressed sector, the print industry has become victim of fly-by-night operators who duplicate copyrighted material, often within seconds of its publication online. After the lockdown, copyright and trademark violations have increased in the virtual world, says N Karthikeyan, cyber law advocate at the Madras High Court. “These days anyone with a mobile phone can start a YouTube channel. With no legitimate source for content, creators are stealing copyright-protected material,” he says in a phone interview. He also cites the growing incidence of fake domains being created during the lockdown.
FB introduces Rights Manager for images to protect intellectual property
Business Standard (22/09/2020)
In a bid to help creators and publishers manage their intellectual property related to images, Facebook has introduced Rights Manager for images. The new version uses image matching technology to help creators and publishers protect and manage their image content at scale. To access Rights Manager, Page admins can submit an application for content they’ve created and want to protect.
India, Denmark sign MoU on Intellectual Property cooperation
Business Standard (26/09/2020)
To further the objectives of National IPR Policy and become a major player in global innovation, India on Saturday entered into a Memorandum of Understanding (MoU) with Denmark in the field of Intellectual Property (IP) Cooperation. The Department for Promotion of Industry and Internal Trade (DPIIT) signed the MoU with the Danish Patent and Trademark Office. Earlier, the Union cabinet had given the approval for signing the MoU with Denmark in the field of IP Cooperation. “The two sides will draw up Biennial Work Plan to implement the MoU which will include the detailed planning for carrying out of the co-operation activities, including the scope of action,” an official communique said.
India, South Africa seek waiver in global IPR laws for easy access to medical products
The Economic Times (03/10/2020)
Amid the coronavirus pandemic, India and South Africa on Friday proposed a waiver from certain provisions of the global intellectual property rights (IPR) agreement to prevent, contain and treat Covid-19 through unimpeded and timely access to affordable medical products including diagnostic kits, vaccines, medicines, personal protective equipment and ventilators. In the joint proposal, they sought a waiver from obligations of members to implement or apply provisions related to copyright or related acts, industrial designs, patents and protection of Undisclosed Information in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). They also pushed for exemption from a clause that provides the legal basis for WTO members to grant special compulsory licences exclusively for the production and export of affordable generic medicines to other members that cannot domestically produce the needed medicines in sufficient quantities for their patients.
Plea against Zee Entertainment: IPR cases moved before courts at eleventh hour unfair to other litigants, says Bombay HC
The Indian Express (05/10/2020)
The Bombay High Court recently said it was unfair to other litigants when cases concerning intellectual property rights (IPR) are moved before courts at the “eleventh hour” against the release of a movie and seek to impose on the court’s time. A single judge bench of Justice Gautam S Patel made these observations on October 1 while refusing relief to Plex Inc, which sought restraining orders against Zee Entertainment from using the word “plex” in its ZEEPLEX online movie service channel.
Chandigarh University filed most patents in 2018-19: Report
Hindustan Times (14/10/2020)
Mohali’s Gharuan-based Chandigarh University has emerged as the top varsity in India which filed the highest number of patents in a year, its management said on Tuesday. The university had filed 336 patents in a year, according to the annual rankings for 2018-19 recently released by the office of controller general of patents, designs and trademarks. The university has filed 779 patents so far.
Not only invent but also patent the inventions for AtmaNirbhar Bharat, says Pokhriyal
The Indian Express (16/10/2020)
The minister launched Intellectual Property Literacy Week. Under the initiative, a number of activities will be organised in which online awareness will be created about the system and the importance of the process of applying for a patent, debates, poster contests, quizzes, and community meetings will be held. The Union Education Minister Ramesh Pokhriyal ‘Nishank’ on Thursday said that students, teachers, and researchers in higher educational institutions have to understand that it is necessary not only to invent for the self-sufficiency (AtmaNirbhar) of the country but also to patent the inventions. He was speaking at the launch of the ‘KAPILA’ Kalam Program for IP Literacy and Awareness campaign on the 89th birth anniversary of former president and scientist late APJ Abdul Kalam.
WHO lends support to IP-waiver proposal from South Africa, India
The Hindu Business Line (18/10/2020)
The World Health Organisation (WHO) has lent its support to a proposal from South Africa and India to the World Trade Organization (WTO) seeking a waiver on certain intellectual property (IP) provisions that could come in the way of access to medicines, vaccines and devices developed to tackle the novel coronavirus.
Govt makes patent laws easier; aims to cut compliance burden, boost ease of doing business
Financial Express (28/10/2020)
In an effort to ease the compliance burden, boost innovation, and increase ease of doing business, the government today made changes in the Patents (Amendment) Rules, 2020. Now, the patentee would get the flexibility to file a single Form-27 in respect of a single or multiple related patents, said a statement by the Ministry of Commerce & Industry. Authorised agents would also be able to submit Form-27 on behalf of the patentee, which will lead to greater ‘Ease of Doing Business’ for innovators, the statement added. According to the new changes, if a patent is granted to two or more persons, such persons may file a joint Form-27.
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