Hong Kong based online recruitment specialists CQrecruit have launched a new online recruitment portal focused on the legal profession across the Asia Pacific region. https://www.cqrecruit.com will carry positions for both lawyers and legal support staff including legal secretaries, paralegals, H.R. and marketing professionals and other key support functions. Press Release http://tinyurl.com/ykkqgvv
-- Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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, March 16, 2010
Issues in Intellectual Property Insurance
To enhance the value of the assets, intellectual property owners should focus on the following points.During formulation of strategies to get maximum benefit from protocols available to the company are properly secured is a very important step that should be taken into account.
What insurance will litigation against your company trigger that benefits its interests? What new forms of insurance are available to IPOs that will expand opportunities to transfer litigation costs to their insurers? What claims are asserted in litigation that might implicate your opponent's right to a defense and/or indemnity covered by their insurance?Where no notice was provided to insurers of significant intellectual property lawsuits, was constructive notice provided to insurance brokers as well as insurers through the submission of 10-K reports that referenced litigation? Was the insurance broker who received constructive notice the general managing agent for the insurer such that notice to the broker can be deemed notice to the insurer?Can an insurance coverage audit reveal hidden opportunities to recapture monies paid for defense fees and settlements and/or judgments under existing insurance policies (e.g., is there "buried treasure" in previous insurer denials of tendered intellectual property claims)? Given the exposure revealed by a review of past coverage opportunities, is the present insurance portfolio properly attuned to risks the company now confronts? Can knowledge of insurance coverage help corporations reallocate risks arising from licensing activities to better assure against risks posed by defaulting or underperforming licensees? Is the company's existing coverage for corporate counsel adequate, and can new efforts be taken to track corporate litigation, monitoring costs to better preserve their recapture as part of their insurer's defense obligations? Does the company's history of acquisitions, joint venture relationships, and other forms of corporate interaction expand the coverage opportunities available to it in a manner that requires revisitation of the potential for coverage under previously filed and existent lawsuits?
Though the Insurance of Intellectual Property is growing concern for the developing countries. But it is a very important specially to the developed economy like US. Now the US economy is ranging around 13 Trillion Dollar, Japan 4 Trillion Dollar while India is just 1 Trillion Dollar.The issues of IPR Insurance is not a serious matter in the countries which are less efficient in IP assets. Keeping in mind the fact that the 45% of US economy is of intellectual Property and around 50% of total export of US is comprises of Intellectual Property the issues of IPR insurance should taken very seriously and the above quoted points should be properly analysed to maintain the proper growth and development in the field of IPR.
What insurance will litigation against your company trigger that benefits its interests? What new forms of insurance are available to IPOs that will expand opportunities to transfer litigation costs to their insurers? What claims are asserted in litigation that might implicate your opponent's right to a defense and/or indemnity covered by their insurance?Where no notice was provided to insurers of significant intellectual property lawsuits, was constructive notice provided to insurance brokers as well as insurers through the submission of 10-K reports that referenced litigation? Was the insurance broker who received constructive notice the general managing agent for the insurer such that notice to the broker can be deemed notice to the insurer?Can an insurance coverage audit reveal hidden opportunities to recapture monies paid for defense fees and settlements and/or judgments under existing insurance policies (e.g., is there "buried treasure" in previous insurer denials of tendered intellectual property claims)? Given the exposure revealed by a review of past coverage opportunities, is the present insurance portfolio properly attuned to risks the company now confronts? Can knowledge of insurance coverage help corporations reallocate risks arising from licensing activities to better assure against risks posed by defaulting or underperforming licensees? Is the company's existing coverage for corporate counsel adequate, and can new efforts be taken to track corporate litigation, monitoring costs to better preserve their recapture as part of their insurer's defense obligations? Does the company's history of acquisitions, joint venture relationships, and other forms of corporate interaction expand the coverage opportunities available to it in a manner that requires revisitation of the potential for coverage under previously filed and existent lawsuits?
Though the Insurance of Intellectual Property is growing concern for the developing countries. But it is a very important specially to the developed economy like US. Now the US economy is ranging around 13 Trillion Dollar, Japan 4 Trillion Dollar while India is just 1 Trillion Dollar.The issues of IPR Insurance is not a serious matter in the countries which are less efficient in IP assets. Keeping in mind the fact that the 45% of US economy is of intellectual Property and around 50% of total export of US is comprises of Intellectual Property the issues of IPR insurance should taken very seriously and the above quoted points should be properly analysed to maintain the proper growth and development in the field of IPR.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Malihabadi Mango has been granted GI status
Malihabad mangoes have been granted Geographical Indication (GI) status after a two-year campaign by over 100 orchard owners. Malihabad is located in Indian state of Uttar Pradesh is renowned for its Dussehari mango variety and last year took its first orders from Russia and Kuwait for the fruit, despite poor production levels. Through this GI certification, the mango growers can now export their mangoes under the brand name Malihabadi, giving these mangoes a distinct identity. Malihabadis mango has had a bad harvest for the past two years and barely made profits for the growers. This time, however, it has been seen good flowering even on younger trees and also on those that had a good crop last year.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Veteran grower Kalimullah Khan, who was awarded a civilian honour by the government in 2008 for mango cultivation and grafting, said the flowering this season is something he has not seen in the last 50 Years. As per Mr. Kalimullah flowering without infestation with common pests like bhunga and laal gujia, which are also responsible for pollination, is a very rare thing this time He said the initial blooming has pleased growers, but added they were still wary about the quality of fruit the season would bring.
As per the senior scientists at the Central Institute of Subtropical Horticulture, the climate change was one of the main reasons for the flowering.The difference in temperature is behind this unusual flowering. While so far it is good news, the fact that there are no pests, including the friendly ones, is shocking.Scientists are studying this.
It is pertinent to mention that the Malihabad had already been identified as a mango belt, granting GI status has boosted the morale of Mango growers that will go in a long way to enhance the export of mango to the foreign countries.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Monday, March 15, 2010
Thursday, March 11, 2010
Tuesday, March 9, 2010
JobLex: Head in-licensing for EU
JobLex: Head in-licensing for EU
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
JobLex: CASE MANAGER/PARALEGAL SOUGHT BY IP LAW FIRM
JobLex: CASE MANAGER/PARALEGAL SOUGHT BY IP LAW FIRM
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
Monday, March 8, 2010
Avatar director James Cameron stands accused of plagiarism by a Chinese author
Sky News reported that Beijing writer Zhou Shaomou claims the screenplay for the 3-D blockbuster was lifted from his novel, which he put online via a contract when he could not find a publisher.
He told the China Daily he spent seven years writing the 1.2 million-word book. He said: 'Eighty per cent of the plot and the key elements of Avatar are similar to my 1997 science fiction novel Tale of the Blue Crows.'
Shaomou was reportedly unable to file a $146.5 million lawsuit against Cameron in China. The book reportedly tells the tale of the epic journey of six astronauts to a distant planet occupied by blue beings. Zhou said:'I wrote in my novel that their space journey took them six years, but in Cameron's movie the journey takes them five years, nine months and 22 days. I was shocked when I first saw that. It is too close.'
He said he was seeking to file the lawsuit for breach of copyright but had been refused by two Chinese courts. 'I realise that no one knows me in China, but I insist on fighting for my copyright. Over 10 million people have read my book over the internet.'
Of his refusal by the local courts, he said:'Nobody was supportive and many asked why someone as famous as Cameron would copy an obscure work from a little-known author. I really wanted to argue back, 'why not?''
According to a Beijing lawyer, Yang Huipeng, Zhou would have better luck filing his lawsuit in the US.
Source: www.monstersandcritics.com--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Sunday, March 7, 2010
Digital Economy Bill Changes of UK Threat to File Sharing on Internet
Internet freedom campaigners have reacted with dismay to the proposed changes to the Bill. Supporters of Open Rights Group, warned many websites could be forced offline simply by the prospect of expensive legal proceedings. Individuals and small businesses would be open to massive 'copyright attacks' that could shut them down, just by the threat of action. It is pertinent to mention that the Digital Economy Bill of UK was announced in the Queen's speech in November 2009, with a major section dedicated to how best to deal with illegal file sharing. The Bill, currently in the report stage at the House of Lords before its third reading in the Commons, proposes a solution of several steps, which begins with a warning letter sent to those illegally downloading from their internet service provider and could end with the internet connection being temporarily suspended.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Under amendments to the Digital Economy Bill the High Court could be given the power to issue an injunction against a website accused of hosting "substantial" amounts of copyright-infringing material. It means popular websites, such as YouTube, which often unwittingly carry content uploaded without the permission of copyright holders, could be "blocked" or forced offline if the amendment is upheld.
The Internet Service Providers Association, which represents ISPs, said it was "outraged" by the plans, while TalkTalk said the plans would force ISPs to restrict access to specific sites.
The proposed law do not restrict access to a few sites but only in the most serious cases, for instance those involving child pornography or issues of national security. But more to the point, making the restriction of websites a more widespread policy would be dangerous given its major impact on internet users' human rights, freedom of expression and privacy.
However the changes would be welcomed by content creators. This is going to send a powerful message to the creative industries that the value what they do, is well respected and it is not censoring the internet, but a genuine approach to copyright protection on internet. The companies like Google, which do major file sharing are planning to face the challenges.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
ABA 25th Intellectual Property Law Conference April 2010
Welcome to the one annual conference that IP lawyers cannot afford to miss. Now in its 25th anniversary year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law provides a gathering of the foremost authorities on the state of intellectual property law, including judges, government officials, in-house counsel, academics, and private practitioners.
Pick up an entire year's worth of CLE credits during the 2 ½ days of quality IP programming on the issues critical to your practice. Some program highlights include:
- The future of patent reform
- ITC IP mediation project
- Google books settlement
- Defending depositions in trademark cases
- Duty of disclosure to USPTO
- Patent damages
- Opinion of counsel
- Legal aspects of social media marketing
- Biosimilars
- Venue transfer & forum selection
- Interfacing with clients
The conference will also feature ample opportunities to network with your IP colleagues, whether at our Young Lawyers Welcome Reception, Corporate Counsel Reception, Women's Networking Dinner, or the popular reception at the Dolley Madison House at the U.S. Court of Appeals for the Federal Circuit. In addition, a very special 25th Anniversary Gala Dinner with entertainment and dancing is planned to fete a quarter century of this preeminent conference.
Registration details will be available on the website soon. We hope you will take advantage of the opportunity to enhance your expert knowledge of IP while growing your professional and social network.For further details log on to : http://www.abanet.org/intelprop/spring2010/springbrochure10.pdf
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Breeding Innovation and Intellectual Capital
Product Description
The book Breeding Innovation and Intellectual Capital represents a complete reference book on managing IC life cycle management. It provides the emerging opportunities in the Knowledge domain, IC Process Management aspect in enterprise, Product Development, Software Development, Engineering Services, R&D, BPOs/KPOs, Pharma, Biotechnology, Contract Research, Legal Outsourcing etc. For Process management it describes the complete organization of processes at various levels of organizational maturity in terms of Innovation and IC. In nutshell, the Integrated Innovation, Knowledge management and Intellectual Framework (I2KIC) describes a model to mature enterprise Intellectual Capital capability in the organization. This is the first model in the world to manage the IC in an integrated manner rather than adopting an approach of maturing separate functional areas of an enterprise. Also, the model centers its business strategy around IC and knowledge density. Intellectual Capital Quotient measurements (metrics) provide tools to measure metrics for both Qualitative and Quantitative aspects of Innovation and IC management. The book also provides a body of knowledge on the dynamics of Innovation movements around the world. It describes the processes, procedures, costs, applicability, definitions , appropriate offices, Costs to obtain patents in the USA, Japan, European Union, Patent Cooperation Treaty (PCT) Patent, India, Trilateral co-operation patent, Duration of applicability and the approximate time to obtain a patents in these countries.
About the Author
Dr. Ajay Batra is a Ph.D in Business Administration, Post Graduate in Human Resources Management and holds an advance Diploma in Enterprise Management. He also holds a bachelors degree in Electronics Engineering. Dr. Batra has carried out extensive research in the arena of Intellectual Property Rights (IPRS) and innovation practices for over 7 years in the regions of US, European Union and Asia. He holds many IPR s to his credit. His area of Expertise includes Intellectual Property Rights life cycle processes management in Media, Entertainment, Animation, Gaming, and Publishing companies. His research on IPR milestones in Software Development Life Cycle (SDLC)/ Product Development Life Cycle( PDLC) and other service industries is truly the first global benchmark on IPR processes. The Integrated Innovation, Knowledge Management and Intellectual Capital (I2KIC) Framework propounded by him represents the first global standard in IPRs life cycle management.--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Growing Boundaries of E-Commerce Law
In essence, e-commerce involves the buying and selling of products or services over the Internet and other computer networks. Substantial commerce has been generated in this way, resulting in new patents for such developments as electronic funds transfer, supply chain management, online transaction processing, inventory management systems, and automated data collection systems.
Due to fast growth of e-commerce, law professionals with expertise knowledge are required for drafting e-commerce related patent applications and securing patent protection for inventions regarding the use of wireless telecommunications systems, automatic teller machines, computer networks and combinations thereof in support of a wide range of e-commerce activities for businesses around the world including the India, United States, Germany and Japan.
E-commerce practice also includes securing intellectual property protection and initiating and defending causes of action in courts regarding patent infringement, domain name disputes and cyberpiracy causes of action and before international domain name dispute organizations organized under the Internet Corporation for Assigned Names and Numbers (ICANN).
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Due to fast growth of e-commerce, law professionals with expertise knowledge are required for drafting e-commerce related patent applications and securing patent protection for inventions regarding the use of wireless telecommunications systems, automatic teller machines, computer networks and combinations thereof in support of a wide range of e-commerce activities for businesses around the world including the India, United States, Germany and Japan.
E-commerce practice also includes securing intellectual property protection and initiating and defending causes of action in courts regarding patent infringement, domain name disputes and cyberpiracy causes of action and before international domain name dispute organizations organized under the Internet Corporation for Assigned Names and Numbers (ICANN).
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Friday, March 5, 2010
Are We Forensically Ready to Face the Challenges of Cybercrimes?
The latest trends in cybercrimes mandates that we have to have at-least Minimum Mandatory Forensic Readiness Policy in place. The new measures should be designed to better manage information risk, protect personal information of citizens and minimise risk surrounding authorised access to protectively marked information.
But how exactly can we become 'Forensically Ready'? The term itself relates to the ability to forensically examine our data estate so that we know where all of our data resides, we know who has accessed, copied or moved individual files, and we are capable of conducting a forensic data audit in the event of a breach. This level of security can't be handled with simple intrusion detection tools. What's needed is a comprehensive cybersecurity platform to deliver the Privacy Impact Assessments.
A simple litmus test can help us to understand whether we are ready and able to face new challenges. Ask ourself these three simple questions:
• Do we know where all your data resides?
• In the event of a breach, can we prove that all the correct processes and procedures are in place?
• Does our agency/department fully understand and follow the elements of good data handling practices?
The ability to audit our data will enable us to track the flow of sensitive data within our organisation and ensure that only authorised movement occurs. For example, employees are going to move around an organisation internally. Are we able to assess whether they have taken data with them when they move? Are they authorised to do so? Is data where it is supposed to be or allowed to be? When unauthorised movement takes place, this can be flagged and corrective action can be taken.
Have we analysed out the financial price of non-compliance with data reporting requirements, e.g. increased legal fees related to the disclosure of an increased number of custodians? Investment in an effective data audit solution can reduce long term spending by eliminating the need for expensive third party consultants.
Are we able to manage the risk to our reputation if a data breach occurs on our watch? Public sector organisations handling data relating to the most vulnerable in society carry a burden of trust. Private sector organisations that suffer a data loss are likely to pay the price in loss of customers and a falling share price; public sector organisations may not suffer such tangible consequences directly, but the risk to their reputation and governance is as real.
Forensic Readiness – Five Key Guidelines
To have a robust Forensic Readiness Plan in place, organisations and departments need to be able to gather evidence on potential criminal activity or disputes legally and without causing disruption to day-to-day business.
This must also be done cost-effectively and in proportion to the incident - don't go spending crores of rupees of taxpayers' money on a simple data access request. On the other hand, don't scrimp on spending if it's a major criminal investigation. Some of the key elements of putting together a Forensic Readiness Plan are:
1. Define the business scenarios that require digital evidence. When is it appropriate to gather evidence and when is it not?
2. Identify sources of evidence and what sort of evidence it is. Make sure you have the resources to hand to look for it.
3. Know what you're looking for before you go and look for it. Don't gather too much or too little. Have a clear idea of what circumstances need to be in place to trigger a fuller investigation.
4. Establish security and storage rules for the handling of evidence. Keep an eye on the evidence once you have it – and make sure staff understand the consequences of not following these procedures.
5. Provide a documented a real-world example that everyone can run through in advance. Ensure that all parties, including legal, are confident that the processes in place are correct.
So there is a real challenge to forensic computing and cyberforensics and these branches are not yet fully developed. But by following the guidelines provided above we may reduce the danger to data protection and cyberevidnece/computer evidence to a greater extent.
So there is a real challenge to forensic computing and cyberforensics and these branches are not yet fully developed. But by following the guidelines provided above we may reduce the danger to data protection and cyberevidnece/computer evidence to a greater extent.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Calcutta HC Stays the Rin Ad in Rin v. Tide on the Ground of Disparagement
The Calcutta High Court today restrained FMCG major Hindustan Unilever from telecasting its controversial comparative Rin v/s Tide TV commercial
Delivering its judgement on a petition filed by rival Procter and Gamble (P&G), the maker of the detergent Tide, Justice Patheriya ruled that the present commercial amounts to a clear case of disparagement i.e a manufacturer is not entitled to say that his competitor's goods are bad so as to puff and promote his goods.
On a submision by HUL that there were technical difficulties pertaining to satellite feeds in immediately withdrawing the commercials, the order will be applicable from Monday, 8 March. In the meanwhile HUL has agreed to reduce the frequency of the ads, till its withdrawal.
The injunction has been granted on the following grounds:
a) The HUL ad depicted Tide Naturals whereas the voice-over was for Tide;
b) The laboratory reports produced by HUL under cover of two affidavits in support of its claim of superior whiteness had inherent defects i.e the ad drew comparison of samples of Tide and Tide Naturals;
c) The judgements quoted by HUL pertained to print media and not television or electronic media, which have a wider impact and reach. Thus the judgements were not applicable.
It appers that the recent battle between P&G and HUL is long drawn, with its roots linked to an earlier suit, filed by HUL against P&G in Chennai on 25 February 2010, wherein HUL was successful in obtaining injunction against P&G for its Tide Natural commercial claiming that the detergent contains natural ingredients such as lemon and 'chandan' (sandalwood).
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
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
Wednesday, March 3, 2010
OSI seeks to re-issue key Tarceva patent in US
OSI Pharmaceuticals announced today that it has filed with the U.S. Patent and Trademark Office an application to reissue its composition of matter patent for Tarceva® (erlotinib), U.S. Patent No. 5,747,498 (the '498 patent), in order to correct certain errors relating to the claiming of compounds, other than Tarceva, which fall outside of the scope of the main claim in the patent.
OSI's reissue application seeks to correct these errors by deleting surplus compounds from the claims. Like most composition of matter patents, the '498 patent claims many compounds in addition to Tarceva. Tarceva itself is accurately described in the '498 patent. While the reissue application is pending, the '498 patent remains listed in the Orange Book with the FDA and enforceable against any infringer.
"The generic industry is employing increasingly aggressive tactics toward innovator intellectual property rights, with challenges to IP around the world becoming increasingly common," stated Colin Goddard, Ph.D., Chief Executive Officer of OSI Pharmaceuticals. "We view eliminating these errors as soon as possible as the best approach to defending against any challenge to our Tarceva intellectual property position and have settled on a strategy to reissue the core '498 patent. We remain confident in the ultimate core composition of matter protection of Tarceva and view the reissue filing as a prudent step, given the current environment, in order to manage any prospective generic challenge to the patent estate and to address concerns associated with any possible future litigation."
Source: Welt Online:
--
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
OSI's reissue application seeks to correct these errors by deleting surplus compounds from the claims. Like most composition of matter patents, the '498 patent claims many compounds in addition to Tarceva. Tarceva itself is accurately described in the '498 patent. While the reissue application is pending, the '498 patent remains listed in the Orange Book with the FDA and enforceable against any infringer.
"The generic industry is employing increasingly aggressive tactics toward innovator intellectual property rights, with challenges to IP around the world becoming increasingly common," stated Colin Goddard, Ph.D., Chief Executive Officer of OSI Pharmaceuticals. "We view eliminating these errors as soon as possible as the best approach to defending against any challenge to our Tarceva intellectual property position and have settled on a strategy to reissue the core '498 patent. We remain confident in the ultimate core composition of matter protection of Tarceva and view the reissue filing as a prudent step, given the current environment, in order to manage any prospective generic challenge to the patent estate and to address concerns associated with any possible future litigation."
Source: Welt Online:
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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
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