WE TARGET TO ENHANCE CLARITY IN INDIAN CORPORATE LAW/POLICY/INSTITUTIONS. WE ARE ALSO HERE FOR OBJECTIVE AND FAIR ANALYSIS/REPORTING OF CORPORATE LAW/INNOVATION/DEVELOPMENT POLICY FROM INDIA.
Sunday, February 28, 2010
Wish all the Blog Readers a Very Happy & Colourful Holi
Thanks all of you once again on the eve of Holi for all cooperation and encouragement shown to us in the last one year.
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Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
The Bilski Decision: May Require Expert Strategies to Manage Its Impact on Intellectual Property
The U.S. Supreme Court's highly anticipated ruling in the Bilski case has the potential to alter the landscape for business method patents and send shockwaves through the tech transfer community. Though no one can predict for certain the outcome, many observers believe the days of business method patents are numbered.
For Technology Transfer Organisations, it's critical to prepare now and determine your patent portfolio's exposure to Bilski-related turmoil, decide how vigorously you want to defend affected patents, if at all, and explore alternatives for protecting relevant IP.
That's why you should be focused on the practical steps and strategies you can take now to prepare for the fall-out — and minimize any negative impact on IP in development, already-patented innovations, pending applications, and existing license agreements.
Now the technology transfer organisations must focus on the following issues in advance to avoid any adverse impact:
- What's affected: The scope extends further than you might think, beyond software and IT
- Understanding the machine-or-transformation test
- Pre-disclosure: Working with faculty to configure innovations with M&T test in mind
- Disclosure and triage/assessment: How should your investment and patent criteria change post-Bilski?
- Alternatives to patent protection: trade secrets, know-how, copyrights
- Assessing and minimizing impact on existing licenses
- Recalibrating enforcement actions
- A bright side? Impact on patent trolls
- Impact on non-US rights
- Using "do-not-publish" applications during pendency
- Claim construction to match PTO guidance
- Considering reissue applications for issued patents
- Responding to rejections
- etc.
--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
US removes Saudi Arabia from IPR 'watchlist'
The United States on Wednesday removed Saudi Arabia from a government list of alleged intellectual property rights violators, saying it has made "significant progress" in tackling the issue.
The decision to remove Saudi Arabia from the "Special 301 Watch List" resulted from a review of the effectiveness of IPR protection and enforcement in the kingdom, the top US trade official said.
"Saudi Arabia has made significant progress in improving protection for intellectual property rights during the past year," said US Trade Representative Ron Kirk.
"Over the last several years, Saudi Arabia has stepped up its enforcement actions, strengthened its legal framework, and demonstrated a commitment to fostering innovation and creativity," he said.
Kirk's office publishes a "Priority Watch List" and a "Watch List" annually as required under the law to identify countries that "deny adequate and effective protection for IPR or deny fair and equitable market access for persons that rely on intellectual property protection."
Last year, the Priority Watch List comprised China, Russia, Canada, Indonesia, Algeria, Argentina, Chile, India, Israel, Pakistan, Thailand and Venezuela.
Saudi Arabia was among 33 trading partners on the lower level Watch List, meriting what the USTR office called "bilateral attention to address the underlying IPR problems."
Others were Belarus, Bolivia, Brazil, Brunei, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Finland, Greece, Guatemala, Hungary, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Mexico, Norway, Peru, Philippines, Poland, Romania, Spain, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan and Vietnam.
--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
Task Force To Address Intellectual Property Crimes in USA
On February 12, 2010, U.S. Attorney General Eric Holder announced the formation of a new Department of Justice Task Force on Intellectual Property as part of a Department-wide initiative to confront the growing number of domestic and international intellectual property (IP) crimes. The Task Force, to be chaired by the Deputy Attorney General, will focus on strengthening efforts to combat intellectual property crimes through close coordination with state and local law enforcement partners as well as international counterparts. It will also monitor and coordinate overall intellectual property enforcement efforts at the Department, with an increased focus on the international aspects of IP enforcement, including the links between IP crime and international organized crime. Building on previous efforts in the Department to target intellectual property crimes, the Task Force will also serve as an engine of policy development to address the evolving technological and legal landscape of this area of law enforcement.
--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
Thursday, February 25, 2010
India is 50th in World Intellectual Property Rankings
The specific intellectual property rankings are also notable as they highlight the absurdity of the IIPA's ongoing campaign characterizing India as weak on IP. Canada's ranks 50th in the survey for intellectual property rights, tied with countries such as France, the UK, and New Zealand . The ranking is all the more remarkable since one of the primary data sources for the ranking is the IIPA itself. In other words, even after using IIPA data, India ranks alongside many other countries that are typically applauded by the IIPA for their IP policies.
In fact, the IIPA recommended ten countries for inclusion on the USTR Special 301 Priority Watch List: Argentina, Canada, Chile, Costa Rica, India, Indonesia, Mexico, People's Republic of China, the Philippines and Russia.
- Argentina - 67
- Canada-13th
- Chile - 49
- China - 63
- Costa Rica - 67
- India - 50
- Indonesia - 108
- Mexico - 59
- Philippines - 63
- Russia - 72
Source: www.michaelgeist.ca
--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
Saturday, February 20, 2010
Internship in Intellectual Property at FICCI for Law Students
Industry (FICCI) is inviting applications for internships from law students.
Those who are interested can contact to Sheetal Chopra, Deputy Director and
Team Leader, IPR Division atsheetal.chopra@ficci.com or may apply to
FICCI IPR Division at hr@ficci.com
The internship may range from 15 days to 2 months. The Interns will get a very good opportunity to research on various intricate policy issues covering the whole
instruments of Intellectual Property Law including trade marks, geographical indications,patents, copyrights, etc.
--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281
Tuesday, January 19, 2010
Bharti-Walmart flagship brand faces Trademark opposition in India:
The management will fight to protect intellectual property of its Great Value label; applications filed in '08
Wal-Mart Stores Inc., which recently launched several of its global private labels in India, through joint venture Bharti-Walmart Pvt. Ltd, is facing opposition to efforts to register its flagship brand Great Value (GV) here, according to information from the Indian trademark office's website.
"Wal-Mart has registered Great Value in various countries including India and we aggressively protect it as our intellectual property," a Bharti-Walmart spokesperson said in an email statement.
The spokesperson, however, denied knowledge of any opposition.
"Currently, Wal-Mart is not aware of any opposition to our GV brand but, if necessary, we will take necessary steps to protect our intellectual property," the spokesperson added.
Bharti-Walmart, the US retailer's joint venture with Bharti Enterprsies Ltd, had filed in 2008 about a dozen applications to trademark Great Value's logo: 'GV' in a circle emblazoned with 'Great Quality. Low Prices.' The applications were in various categories—baby food, dental wax, dried fruits, jellies and jam, bleaching preparation, soap, cosmetics, hair lotions and others, according to information from the trademark office. Most of those applications are being opposed, according to the trademark office's website.
Bharti-Walmart has already launched several Great Value products including tea, snacks, ketchup, dish-washing bar, toilet cleaner and glass cleaner; it plans to launch more in coming months, according to the company.
It takes about two years for India's Controller General of Patents, Designs and Trademarks to scan and process any application before they are put in the public domain. Any kind of opposition to a trademark application can be made within four months from the day the trademark office makes any application public, trademark lawyers say. Bharti-Walmart's applications were made public late last year and most of its applications are being opposed.
Mint couldn't ascertain the identity of the individuals or companies opposing the Bharti-Walmart applications. Bharti-Walmart had earlier filed dozens of trademark applications seeking to trademark Indian-sounding names including Sankskar, Sabhyata, Cimran, Sur, Sitrali, Pranay, Srishti, Jovaki, Amokhya but the company faced opposition to most of the applications. It now says it will not contest the opposition.
"The application for registration of Astitva and a few other names was filed in August 2008. However, based on consumer feedback and legal opinion we went ahead with the brand name Astitva as our private label brand for Indian ethnic products. Some of the other names that had been filed for registration (except for Astitva) will lapse as we will not be pursuing them further," the Bharti-Walmart spokesperson added.
Source: livemint.com
Publication date: 1/19/2010
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Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281