The proposed Trademark Amendment Rules 2010 has the following impact:- 1. Trademark Official Search will be dispensed off 2. Trademark Application fee will be enhanced to Rs.3,500/- (An increase of Rs.1,000/- in the existing fee). The Draft rules are published in the Offical website and available at http://ipindia.nic.in/tmr_new/tmr_act_rules/TMRAmendmentDraftRule_07September2010.pdf

A patent infringement complaint was filed by Schering Corp a subsidiary of a Multi national pharma company Merck & Co against Sun Pharma Indian Pharma Company last week in the district court for New Jersey. This complaint was filed in regard to the generic version of most widely used brain cancer drug Temodar. Sun Pharma filed an Abbreviated New Drug Application (ANDA) to launch a Generic version of Temodar in the US Market. Temodar, which Merck acquired through the acquisition of Schering-Plough last year, has annual global sales of about $1 billion. It has sales of about $380 million only in the US market. Interestingly Merck & Co has the patent protection for Temodar in US till 11th August 2013. The world's leading generic company, Israel's Teva Pharmaceutical-owned Barr Laboratories, had succeeded early this year in invalidating patent rights of the same drug so Sun Pharma assuming the significance of the above decision filed an ANDA. The patent litigations ...

YouTube is a one-year old internet sensation which has a huge collection of videos in it. A suit was filed against YouTube by a local Spanish TV channel (Telecinco) alleging that YouTube is violating its intellectual property rights by broadcasting videos that belonged to it. The court in its provisional decision ordered the YouTube to suspend the broadcasting of the videos belonging to that Spanish TV channel. But in its final decision the court ruled against the Spanish TV channel saying that “YouTube cannot be held responsible for screening images uploaded on its site.” The court in its decision made the following things very clear: • YouTube is not a supplier of content and therefore has no obligation to control ex-ante the illegality of what is on its site • YouTube just provides a free tool known as Content ID "designed to prevent copyright abuses and give owners control over their content" which is used by more than 1,000 media companies • Its only obligation...

Emami Ltd’s has served a Legal Notice to the producer of Dabangg for using the ZANDU BALM in the song “Munni Badnaam Hui” with out the permission. The song line goes like “Main Zandu balm hui, darling tere liye” In view of this a legal notice was sent to Arbaaz Khan, his partner and wife Malaika Arora (Munni in the movie), Shri Ashtavinayak Cinemas Ltd, and director Abhinav Kashyap on 17th September 2010 claiming that they are the sole copy right holders of the name “Zandu Balm”. The Notice points out “My clients are in the business of producing and marketing various ayurvedic and other medicines including a popular product known as Zandu balm, which is a very common word used by the people, since it is commonly used for pain and related complaints.” The notice adds, “In the song, the name Zandu balm has been used continuously at various places. By using the brand name in the song, you have not only violated the copyright of my clients, but you have also made an attempt to defame t...

The Controller General of Patents, Trademarks and Designs, in a public notice dated 30-08-2010 announced that the Trademarks Journal will be published on all Mondays starting from 06-09-2010. Hope this time the Patent Office will be successful in keeping its promise, if IPO does so it will be really helpful for the people who will be waiting for the journal for days together. Interestingly in that Public Notice they have highlighted All Mondays , so I think they are going to publish it even on those Mondays that comes as Holidays. Source: http://www.ipindia.nic.in/iponew/public_notice_30August2010.pdf

The Hyderabadi Haleem was given a GI protection on 3rd September 2010. It was the first delicacy from Hyderabad to be granted the GI status. There were many GI’s that has been granted so far such as Tirupati Laddu, Darjeeling Tea and Banarasi Silk etc. After conducting a series of meetings and inspections the Controller of Chennai Patent Office and the registrar of GI’s, presented the GI certificate to the Haleem Makers association on Saturday. This presentation of GI status to Hyderabad Haleem implies that no shops outside the territorial limits of Hyderabad can be able to sell their product as Hyderabadi Haleem. Even in Hyderabad city those who are complying with the standards will only be allowed to use the GI tag, Hyderabadi Haleem. Some Specific standards have been laid down by the GI officials like it has to be made by using goat meat, cooked in pure ghee and it has to be done over firewood for 12 hours etc.

Hyderabad Haleem has been accorded GI Registration; M/s.Haleem Makers Association, 20-4-140/128, Plot No.129, Shalibanda, Hyderabad 500 002, Andhra Prades, India has applied for the registration on 18th December 2009 vide application No.193 in class 29. The same has been registered and provided Registration Certificate by The Geographical Indications Registry of INDIA. Now it is only the Haleem made out of Hyderabad called as Hyderabad Haleem. Picture COurtesy by THE HINDU.

A notice dated 23-08-2010, gives out re-classification of Trademarks. This notice suggests that Pre-Exiting Marks - 1. Marks already registered in class 42 as on date will remain registered in class 42, irrespective of which services their classes now fall in. 2. However, this will not preclude proprietors in class 42 to voluntarily apply for conversion into separate classes under Rule 101 of the TM Rules. 3. Renewal of such registered marks (in class 42) will also be made in the same class. 4. Marks already advertised in the journal in class 42 shall proceed to be registered in the same class, and upon registration, shall be treated in the same manner for the purpose of registration, classification and renewal, as the existing registered trademarks. Pending Applications – 1. With regards those marks awaiting examination, the Examiner is expected to inform the applicant of the appropriate class/es into which their goods fall, and make amendments or restrictions accordingly...

KSR, a Canadian company, manufactures and supplies auto parts, including pedal systems. In 2000, KSR was chosen by General Motors Corporation (GMC or GM)to supply adjustable pedal systems for Chevrolet and GMC light trucks that used engines with computer-controlled throttles. KSR holds a US patent for “adjustable pedal system for cars with cable-actuated throttles” and KSR decided to include a modular sensor to its design to make it compatible with GMC trucks As KSR’s competitor, TELEFLEX also designs and manufactures adjustable pedals. TELEFLEX is the exclusive licensee of U.S. Patent No. 6,237,565 (the "Engelgau patent") and sued KSR for patent infringement (claim 4) TSM Test has been laid down by the Federal Circuit which means Teaching/Suggestion/Motivation test for deciding the obviousness in the invention. The update to KSR vs TELEFLEX was published in the Federal Register on 1st day of September 2010. These updated guidelines are intended primarily to be used by ...

The National Institute of Intellectual Property Management (NIIPM) is conducting Training Programme to bring awareness relating to Intellectual Property Rights (IPR). Who can join? Professionals from Industries, Research & Development and Scientists etc. IPR related persons from IPR cell, Knowledge process outsourcing (KPO) / LPO Attorneys, Legal Professionals, Patent / TMR Agents, Advisors, consultants etc. Professors, Lecturers, Students, Research scholars etc. Doctors, Engineers, Pharma related persons OR Any interested person Venue: - NIIPM, ‘C ‘Block, CGO complex, Near TV tower, Seminary Hill, Nagpur-440006, Maharashtra. The tentative schedule for the training program was given in: http://www.ipindia.nic.in/NIIPM/TrainingSchedule_26August2010.htm

Here is the revised list of Pharmaceutical Product Patents granted by Indian Patent Office during the years 2005-06 to 2009-10. In total there were 3,488 Product patents granted in favor of various Pharmaceutical Industries and individual inventors across the world. An important note in specific was made by the Indian Patent Office suggesting that the 20years term must be calculated from the date of filing of application and not from the date of grant of patent. List Source: http://www.ipindia.nic.in/iponew/Patent_PharmaProduct_2005_06_2009_10.pdf

This time the opportunity of amending the rules has been given to all Stakeholders. In view of that The Controller General of Patents, Designs and Trademarks has invited opinions of all Stakeholders for amending Trademark rules 2002. This proposal is made in order to 1. Bring the Trademark Rules in conformity with the current trading practices. 2. Simplifying the existing Rules and Schedules 3. Dispose off the Trademark cases in speedy way. This public notice also contemplates that all the suggestions recommending amendment in the rules must contain a justification. The pubic notice has been issued on 12-08-2010 and the last date for receipt of such suggestions is 15-09-2010.