In last five years, the Indian parliament has amended the patent law twice. Despite the government's efforts to make the patent law compliant with the TRIPs Agreement, the international community's qualms about India's patent law remains unchanged. The debate on TRIPs compliance is heating up again since the publication of a report on various patent […]
India - A Case Study on Copyright
In Radio Today Broadcasting Ltd v Indian Performing Rights Society 2007 (34) PTC 174 (Cal), Radio Today Broadcasting, the petitioners, plan to run a radio station through the FM band with the name Radio Today. They applied for a licence from the central government and also secured a provisional licence. The petitioners' intent is to […]
India Patent Office Boost International Cooperation
Today, the Indian patent office is a 'live' organization. It has been growing, adapting and now, socializing with its peers. Until late 90's, the same office was a dormant and low profile organization working quietly under the Department of Commerce. But, since the dawn of this century the patent office is emerging as an active […]
Vietnam: Ignorance is not a strategy! - Part II/II
In first part of this article published in February 2007, we explained the importance of protecting patent rights in Vietnam. In the second and last part of this article, we summarize the framework for patent protection and enforcement in Vietnam. Presently, the IP rights in Vietnam are governed by the Law on Intellectual Property 2005 […]
Singapore Courts Enforce Trade Mark Rights in Healthcare Product Case
Although most trade mark disputes are usually settled at the interlocutory injunction stage, one of the few cases where, despite the grant of an interlocutory injunction, the matter proceeded to trial was recently decided by the High Court in Singapore. The case being OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC133 concerned the […]
The Cautionary Notice In Myanmar
In Myanmar, there is no Trademark Law. Protection for a trademark can only be obtained by filing an application together with a Power of Attorney and a Declaration of Ownership. The Declaration of Ownership is then registered with the Office of the Registration of Deeds, to which is assigned an application date and number as […]
Kingdom of Nepal Joins Berne Convention
The provisions of the Berne Convention for the Protection of Literary and Artistic Works came into force on January 11, 2006 in Nepal. The Copyright Act 2059 B.S. (enacted in 2002) had already incorporated the provisions of the Berne Convention related to copyrights and intellectual property rights protection. This Convention adopted at Berne in 1886 […]
India - TRIPS Compliance – the Unfinished Agenda
India's Commerce & Industries Minister constituted a Technical Expert Committee to study two critical issues which were not considered by the Parliament when passing the Patents (Amendment) Act 2005. Issues concerning patentability of 'new chemical entities' and 'micro-organisms' were referred to the Expert Committee. If any amendments are suggested to safeguard the interests of these […]
“New Use Claims” – New Indian patent law heralds fundamental changes
The recently promulgated Indian Patent Ordinance indirectly recognizes 'new uses' as patentable in India. Thus far, new use of a known substance was unpatentable. Section 3 of the Indian Patents Act 1970 excluded 'new use' from the scope of patentable inventions. The recent amendment enables pharmaceutical companies to protect new use of patented drug molecules, […]
Indian Patent Office published Draft Examination Guidelines
The Indian Patent Office has published a Draft Manual of Patent Practice & Procedure. The deadline to send comments on the Draft Manual to the Controller of Patents is June 20, 2005. The Manual runs into 166 pages and it contains 14 chapters and 3 Annexures. In his Opening Remarks the Controller of Patents mentions […]