Section 3(d)- Another Drug denied Patent

US firm Abraxis BioSciences anti-cancer drug 'Abraxane', was denied patent by Indian Patent Office based on Sec3(d)- the provision which led Novartis to lose its flagship drug Glilvec last year. This decision may boost generic production of the said drug.

The US Pharma major has right to appeal IPBA or file a writ Petition in High Court. Domestic company Natco had filed an opposition before the patent was issued to the US firm.  Natco's version, Albupax, was the first indigenously developed nanotech-based cancer drug. 

Image Courtesy HERE!

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Infringing of Intellectual property is a kind of theft.

A fatwa issued by Dubai's Grand Mufti states that Infringement of copyrights of computer programs, trademarks and patents is ‘haram’ (forbidden) as per Islamic Shariah. The Grand Mufti confirmed that computers programs can be copyrighted and are subject to IPR laws.

The notice also mentioned that  Intellectual property legally protected because they are the fruit of human efforts and infringing Intellectual property  is a kind of theft.


 Islamic Fiqh Academy (IFA) fatwa which was earlier issued  also says the trademark owner or author can waive their intellectual property rights in return for financial compensation.


Image courtesy: Getty

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Nitendo infringes on Philips' remote control patents.

England and Wales High Court ruled  out on Friday  that Nintendo’s Wii and Wii U game consoles  have infringed two Philips remote control patents.

The case datesback to 2012 when Philips sued Nitendo, alleging the game consoles infringed three of its remote control patents. The court found one of those patents invalid, but ruled that other two remote control patents were infringed by Nitendo.

The company also sued Nintendo over the same patents in Germany in 2012, in France in 2013 and last month(May) in the U.S. District Court for the District of Delaware. Those three cases are still pending.g. 

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Park Shin Hye appointed as ambassador for the 'Korea Intellectual Property Protection Association' for 2nd consecutive year

Park Shin Hye appointed as Brand Ambassador of "Korean Intellectual Property Association's Campiagn to spread the culture of respecting Intellectual property rights along with  campaign to rid the distribution of counterfiet products

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Organisational Setup of Controller General of Patents, Designs & Trade Marks

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Original pic here

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Internet browsing is temporary reproduction exempt from copyright Infringement.

The Court of Justice for the European Union (“CJEU”), the supreme court for matters of European Union law, has confirmed that viewing copyright material on a web-browser, and thereby reproducing it both on-screen and in an internet cache, won’t infringe copyright.

The case was between Public Relations Consultants Association Ltd VS Newspaper Licensing Agency Ltd and Others. The full script of the case can be found here

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"Sherlock Holmes" is now in Public Domain

A US court has ruled that Sherlock Holmes – along with 46 stories and four novels he’s appeared in – is in the public domain, reaffirming the expiration of the copyright once owned by the estate of Scottish writer Arthur Conan Doyle.
Only Canon’s last 10 works are now copyright protected.

Judge Posner, writing for the Seventh Circuit, did not buy this lit-crit approach to copyright, which he noted was basically just a veil for the Conan Doyle estate's hope of achieving almost 135 years of full copyright protection, far beyond the (already insanely long) term protected in the Copyright Act.

You should mark this down as possibly the first time in the history of U.S.A that the specter of Jar-Jar Binks was invoked in the name of all that is good, holy, and in favor of limited terms for copyright.

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Pluristem awarded patent in India for cell therapy production methods and compositions

Pluristem Therapeutics, a developer of placenta-based cell therapies, has been granted Patent (No. 261087) from India's Office of the Controller General of Patents, Designs & Trade Marks for a patent titled, "Methods for Cell Expansion and Conditioned Media Produced Thereby for Therapy."

The Patent was already granted to Pluristem in Australia, Russia and South Africa.

Pluristem was founded in the year 2001 by SHai Merelkzi and is engaged in developing of human placental adherent stromal cells

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Two Japanese Patents awarded to Arjuna Natural Extract Ltd

Arjuna Natural Extracts Ltd, India's leading company specialized in research and manufacturing of plant based active compounds has received two patents for its proprietary turmeric extract BCM- 95® in Japan (Japanese Patent No. 5039032 & No. 5511895). The patents have been awarded by Japanese patent office for its unique composition ratio of curcuminoids and essential oil of turmeric for enhanced oral bioavailability of curcumin. BCM- 95® has been granted 7 US patents already.

Curcumin, the most active component in turmeric has poor oral bioavailability. BCM- 95® is Arjuna's proprietary formulation which combines curcuminoids and essential oil of turmeric enriched with turmerones for enhanced curcumin oral bioavailability. The therapeutic benefits of turmeric can only be maximized by this unique composition making BCM- 95® the world's most bioactive turmeric extract with superior bioavailability. BCM- 95® delivers curcumin in its most bioactive form and has been proved to be effective in management of several conditions without any side effects. Several published studies & ongoing research are conducted in the field of depression, alzheimers, cancer, inflammation and joint health for BCM- 95®.

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Pepsi Co- Another Trademark Win

Soft drink giant Pepsico India Holdings Pvt Ltd has won a trademark case in the Delhi High Court over the trademark ‘Aquafina’ used for its packaged drinking water. A bench headed by Justice Sistane restrained "Aqua Mineral(India)" from using the mark "Aquafine" for being deceptively similar to  the mark "Aquafina" of Pepsico India.
    

PepsiCo prayed protection of its unique label under sections2(c) and section17 of Copyrights Act 1957.The court  awarded damages to  sum of Rs5,00,00/- to PepsiCo India.

The court opined that PepsiCo has established that "the defendants by using the trademark 'Aquafine', which is identical and/or deceptively similar to mark 'Aquafina', in respect of pacakaged drinking water

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