12thComprehensive PCT Seminar at Franklin Pierce Law Center

On Friday April 23 and Saturday April 24, Franklin Pierce Law Center's Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship is hosting its 12^thComprehensive PCT Seminar in cooperation with the WTO.  PCT ("Patent Cooperation Treaty") is a global protection treaty administered by the World Intellectual Property Organization (WIPO) aimed at simplifying and reducing the cost of preserving patent rights internationally.  Once a primary patent application had been filed in the inventor's home country, a subsequent PCT application filing creates a placeholder, reserving the patent rights in all 184 WIPO (as of 9/2008) countries.  As international markets embraces globalization, PCT applications have becomes a vital tool in cost effectively protecting intellectual property rights worldwide.

The Seminar will be at the Courtyard Marriott in Concord and spans for 1 ½ days, covering topics on to how to file and prosecute international applications, search international prior art, and review statutory requirements, including practical topics on the PCT process among numerous others.  For a full list of topics and registration information, seehttp://www.piercelaw.edu/pct/index.php.

The program is conducted by Carol Bidwell and David Reed, US consultants to WIPO on PCT matters, and is hosted by Franklin Pierce Law Center's J. Jeffrey Hawley and Ann McCrackin.  Continuing Legal Education (CLE) credits are available for this event.  There is a minimum fee, special discounts for students and Pierce Alums.

--
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

ConferenceLex (Call for Papers): PUBLIC INTEREST REVIEWS OF THE INTERNATIONAL INTELLECTUAL PROPERTY ENFORCEMENT AGENDA

ConferenceLex (Call for Papers): PUBLIC INTEREST REVIEWS OF THE INTERNATIONAL INTELLECTUAL PROPERTY ENFORCEMENT AGENDA

Who is the owner of Gene ?

 In a controversial ruling late last month, a federal judge ruled that several patents held by the molecular-diagnostics company Myriad Genetics in a genetic-testing product that covered two genes, BRCA1 and BRCA2, which are associated with risk for developing breast and ovarian cancers, were invalid. The decision raises the larger question of the patentability of genes, a significant issue in determining the rules of the game not only in molecular diagnostics but also in drug discovery and development.

The federal district court ruled that certain claims covering isolated DNA sequences in seven of the company's 23 patents covering the company's genetic test, BRACAnalysis, were invalid. The lawsuit was brought by the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT), a non-profit organization affiliated with Benjamin N. Cardozo School of Law.  The plaintiffs were seeking a declaratory ruling that 15 claims under the seven BRCA patents owned or exclusively licensed to Myriad were invalid and unenforceable. Myriad Genetics said it will appeal the ruling.

The Judge Sweet did not follow prior judicial precedent or Congress's intent that the Patent Act be broadly construed and applied, There are chances that the Federal Circuit will reverse this decision and uphold the patent claims being challenged in this litigation. It can not be believed that the final outcome of this litigation will have a material impact on Myriad's operations due to the patent protection afforded Myriad by its remaining patents.

The Biotechnology Industry Organization (BIO) questioning the ruling, but added that the ruling was only a preliminary step in a legal process, and reasserted the association's position on the patentability of DNA-based inventions. The District Court's determination is only a preliminary step in the legal process that does not affect how the US Patent and Trademark Office (PTO) evaluates patent applications relating to DNA-based inventions.From the mass production of life-savings medicines by cell cultures to the screening of our blood supply for life-threatening viruses, patented DNA molecules have been put to countless uses that have benefited society. Preparations of isolated and purified DNA molecules, which alone can be put to use in these ways, are patentable because they are fundamentally different from anything that occurs in nature.

However, the ACLU, one of the plaintiffs in the Myriad Genetic case, pointed to the significance of the ruling. "The precedent-setting ruling marks the first time a court has found patents on genes unlawful and calls into question the validity of patents now held on approximately 2000 human genes," according to an ACLU statement.

In their lawsuit against the US PTO, Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the BRCA genes, the ACLU and PUBPAT asserted that the patents were illegal and restricted scientific research and patients' access to medical care, and that patents on human genes violate the First Amendment and patent law because genes are "products of nature," according to the ACLU statement. "[The] ruling is a victory for the free flow of ideas in scientific research," said Chris Hansen, a staff attorney with the ACLU First Amendment Working Group, in the statement. "The human genome, like the structure of blood, air or water, was discovered, not created. There is an endless amount of information on genes that begs for further discovery, and gene patents put up unacceptable barriers to the free exchange of ideas." Daniel B. Ravicher, executive director of PUBPAT and co-counsel in the lawsuit added: "The court correctly saw that companies should not be able to own the rights to a piece of the human genome," he said. "No one invented genes. Inventions are specific tests or drugs, which can be patented, but genes are not inventions."

The crux of the case and the significance of the ruling in assessing the patentability of genes is the determination of the point at which the application of genomic information transforms from broad scientific knowledge, to which there should be unlimited access, to an "invention," and therefore enforceable by patent protection. BIO filed an amicus brief outlining case law and statutory provisions in support of patentability and the significance of this case to the biotechnology industry. "Plaintiffs' unprecedented constitutional and statutory challenges to the patenting of isolated DNA molecules go far beyond the BRCA1 and BRCA2 genes at issue in this case; consequently, they are of tremendous concern to the Biotechnology Industry Organization and its membership," said BIO in the brief. "For almost a century, jurisprudence originating in this Court has recognized the patent-eligibility of isolated substances that differ in kind, and not merely in degree of purity, from their natural counterparts."

This is not very clear that what will be the future impact of the said Myriad ruling. The ruling concerned the patentability of human genes for diagnosis, but raises the question, if the ruling stands through the appeal process, how it might be applied not only in molecular diagnostics but in the legal framework for genomic information as it relates to drug discovery and development. As the pharmaceutical industry increasingly adapts it drug-development efforts to more specialized treatments for patient-specific populations, which include the use of molecular diagnostics and potentially personalized medicine.The intellectual property regulation of genetic information is a very serious issue to see and track in the months to come.

Source:  Patricia Van Arnum http://blog.pharmtech.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

The India’s leading life science patent litigation law firms

Patents are crucial to virtually all companies that operate in the life sciences industries. This makes patent litigation a fact of business life. Detailed and exclusive IAM research has uncovered which law firms the life science powerhouses go to when disputes arise
By Gwilym Davies, Anna Lathia and Alastair Mitchell
There are few industries in which patents play as important a role as they do in the life sciences sector. And although any company – from the largest pharmaceutical multinational to the small university spinout
– will always seek to avoid disputes, sometimes they happen. When they do, access to the best private practice legal advice is crucial.
Top class lawyers combine an in-depth knowledge of the legal process, with the ability to understand their client's business and what is at stake. They then use their insights to develop strategies for fighting a case that will leave the client in the best position possible. When playing for high stakes, such a skill-set is not a luxury; it is absolutely essential. With all this in mind, we were surprised to discover that as far as we could see no
dedicated research had been done that focused on which individual lawyers and law firms are considered to be the leaders when it comes to life sciences litigation. As a result, we decided to do it ourselves.
The research process Over a period of four months an IAM team spoke to hundreds of contacts in over 20
countries. It was painstaking work and involved many hours on the telephone, as well as numerous email exchanges and follow-up research. Interviews were conducted with private practice lawyers and with life sciences industry insiders. The final results relating to individuals are to be published in a stand alone publication: the
IAM Life Sciences 250 – A Guide to the World's Leading Life Sciences Patent Litigators. The results for the firms are reproduced in the following article. To compose the tables for each country featured in this article our research team asked attorneys-at-law, patent attorneys and users of legal services involved in life sciences patent litigation to provide us with their insights into which law firms stand out for their expertise in the jurisdictions of which they have detailed knowledge and experience. The direct quotes featured in this article are also drawn from these sources and these exchanges.
Firms qualified for a listing when they and their attorneys received sufficient positive feedback from peers and clients with knowledge of their practice and the market within which they operate. Nominations were accepted solely from sources who were not with the nominee firm. Even then, this did not guarantee inclusion. Only those firms which further research showed to have exceptional skill sets and profound insights into life sciences patent litigation made it. Numerical rankings were determined on the basis of the feedback received. We decided that the higher the amount of spontaneous recognition a firm gets, the more positive the feedback is about it and the more noteworthy its work, the loftier its standing in the market. All these considerations informed the decision process.

Top Ranking life science patent litigation law firms of India
1 Anand & Anand
2 Fidus Law Chambers
3 K & S Partners
4 Rouse Legal
5 Singh & Singh Advocates

Dominating the market is powerhouse Anand & Anand, one of the few firms in India with the international reach and patent expertise necessary to service large pharmaceutical companies.
However, Anand is facing growing competition from a set of smaller firms who are investing in life sciences patent practices, following recent changes to Indian law which saw the introduction of product patents.
Tier 1
IP-focused firm Anand & Anand dominates the Indian market. Ranked "first choice" by sources worldwide, the firm has a stellar international reputation.
Tier 2
Specialist IP firm Rouse Legal advises multinational clients on the full range of IP matters, with a dedicated patent litigation team. Country manager and consultant Ranjan Narula is the key contact for IP rights enforcement. Anand & Anand alumnus Shwetasree Majumder is cofounder of the recently established fullservice Fidus Law Chambers, which has a core expertise in IP and patent law. Recent work highlights include handling cases for foreign innovator pharmaceutical companies; clients commend the team's "depth of knowledge in the life sciences field". K & S Partners is the IP division of the commercial firm J Sagar Associates; its prosecution practice has secured its position in the market and it has a growing presence in litigation. Despite Singh & Singh's compact size, the firm has a highly active IP litigation practice, particularly in the life sciences field.

Source: http://www.iam-magazine.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

Specialist Legal Recruitment Website in Asia Pacific for Legal Professionals and IP Lawyers

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

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.

--
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.

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.

Source: Indian Express

--
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

ConferenceLex (Call for Papers): IP Counsel Summit on April 27-28, 2010 in New York

ConferenceLex (Call for Papers): IP Counsel Summit on April 27-28, 2010 in New York

ConferenceLex (Call for Papers): The 2010 ADFSL Conference on Digital Forensics, Security and Law

ConferenceLex (Call for Papers): The 2010 ADFSL Conference on Digital Forensics, Security and Law

ConferenceLex (Call for Papers): The 4th International Conference on Cyberlaw:

ConferenceLex (Call for Papers): The 4th International Conference on Cyberlaw:

ConferenceLex (Call for Papers): 12th Comprehensive PCT Seminar

ConferenceLex (Call for Papers): 12th Comprehensive PCT Seminar

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.

JobLex: CASE MANAGER/PARALEGAL SOUGHT BY IP LAW FIRM

JobLex: CASE MANAGER/PARALEGAL SOUGHT BY IP LAW FIRM

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.

Read more: http://www.monstersandcritics.com/people/news/article_1539182.php/Avatar-facing-plagiarism-lawsuit-from-Chinese-author#ixzz3qHDavhIF

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

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.

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

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.

--
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

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

Wish all the Blog Readers a Very Happy & Colourful Holi

Dr. Tabrez Ahmad on behalf of all the authors Wishes the Blog Readers a Very Happy & Colourful Holi. Due to the kind of faith and confidence shown by various readers to us within a short time almost all the blogs and specially Technolexindia, IPlex, and FancynewsLex have got lot of name and fame not only in India but also in different parts of the world. There are around one thousand e-mail subscribers of our various blogs. Hope the same kind of cooperation, comment and suggestion will be provided to us and that will further help to upgrade the standard of blog postings.
Thanks all of you once again on the eve of Holi for all cooperation and encouragement shown to us in the last one year.

--
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

Patent strategy:

• 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.

Source: http://news.smh.com.au

--
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

India is 50th in World Intellectual Property Rankings

Barry Sookman tweeted yesterday about a new study analyzing data on 125 countries to establish a property rights index.  The Index focuses on three areas: Legal and Political Environment, Physical Property Rights, and Intellectual Property Rights, and is being to used to promote the importance of intellectual property.  Looking at the data, India's overall ranking is ahead of the China (India is 50th, the China is 63rd).

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

The attempt to characterize Canada as a laggard in the class with countries like China and Russia - alongside claims that supporting open source software makes a country weak on IP - are just some of the reasons the IIPA claims have been roundly criticized by many countries in the past.  It is also why the CCIA's submission, which rightly notes that Canada that meets the adequate and effective standard, is the more credible assessment of the current state of the law.

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

ILS Law College, Pune is organising Seminar on “Music and Copyright"

 
Date: 6th March 2010  Time: 9:45 am to 6:45 pm
 
Venue: Laxmi Building (behind Pavilion), ILS Law College, Law College
Road, Pune 411004
 
Registration: 18 – 28 Febraury 2010
Fees: Rs 300 for students of any Institution, Rs 700 for others.
 
Payment: At cash counter in Office of ILS Law College.Between 10 am – 1pm;
Demand Draft: 10 am – 3:30 pm , in name of "Principal, ILS Law College" payable at Pune.

For further details contact the following:

E- mail: ilsipseminar@gmail.com
Astha Negi, 9860578138, astha.negi@yahoo.com
Samaksh Goyal, 9326740084, samakshgoyal@gmail.com
Jesal Shah, 9970850614, jesal.ils@gmail.com
.
 
Sessions:
Musical Works : by Prof. Kedarnath Awati, Professor, Music, Dean of Academics, FTII, Pune.
Copyright in Musical Works: Development of Law" by Mr. Tehemantan
Daruwalla, Advocate and Solicitor, Patent and Trademark Agent.
Copyright in Musical Works: Infringement and Liability" by Dr.
Veerendra Tulzapurkar, Senior Counsel, Bombay High Court.
Sound Recordings of Musical Works: by Mr. Atul Churamani, Vice
President, A & R and Publishing, SaReGaMa
Cambating Piracy:  by Mr. Savio D' Souza, Secretary General, Indian Music Industry
 

--
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

Parliament of Tanzania made a declaration allowing the country to comply with the UPOV Convention, 1991

Government of Tanzania started the process to amend its Plant Breeders' Rights Act, 2002. The amendment is meant to protect new plant varieties and give local researchers a leeway to patent their discoveries. It will also allow breeders to register within the international system new varieties for protection. This move would be a milestone in protecting the rights of the local breeders, whose works have been, for many years, published unnoticed and that it was a high time for them to reap from their innovations.

Once the Tanzania becomes a member and having opened the national registration office for local breeders, unlike patenting system, the UPOV convention allows them to use breeding materials from other registered breeders to obtain a more improved variety.

Tanzania is also planning to go to court to stop the US and Brazilian governments, jointly with two multinational firms, from patenting a sorghum gene isolated from Tanzanian farms. The researchers from the US department of agriculture, Brazil's Agricultural Research Corporation and Texas A&M University to have patented the gene with the US Patent Office in September 2009. If allowed, the multinational corporations would then seek to exploit their patent to boost profits by selling sorghum seeds at a high price at the expense of the of the locals where the gene was extracted.

It is pertinent to mention that instead of joining the UPOV organization, Tanzania could have developed its own sui generis system as per Article 27(3) (b) of TRIPS agreement keeping in mind the ground realities of Tanzania was the best way for the country to give incentive to breeders as it would trigger more public and private investment in research and breeding while enjoying intellectual property rights.
--
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

Internship in Intellectual Property at FICCI for Law Students

The IPR Division of the Federation of Indian Chambers of Commerce and
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

Aamir Khan has withdrawn his resignation from the Copyright panel today

The actor resigned from the 10-member committee set up by HRD Minister Kapil Sibal to review the proposed amendments in Copyright Act following differences with some members. The actor resigned after he reportedly had heated exchanges with lyricist Javed Akhtar and others over the issue of royalties in a meeting between producers and writers.Aamir, on the side of the producers, said that a song's popularity depended on the star it was picturised on and not on the lyricist's efforts, much to the annoyance of Akhtar, who said that song Papa Kehte Hai became a hit even when Aamir was a newcomer in Qayamat Se Qayamat Tak.


--
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

Workshop on How to Manage Online Identity in ILI New Delhi

Cyberspace & Intellectual Property Foundation (CIPFO)

 

is organising a workshop on

 

"How to Manage Online Identity"

 

Feb. 26, 2010 - Indian Law Institute, New Delhi - India

http://www.cipfo.org/managing_online.php
 

The workshop shall focus on technical, legal, and social aspects of Domains and User Names in Web 2.0 environment including those created on Facebook and Twitter.

 

Well-known experts from legal and new media would share their views and experiences.

 

Current and upcoming Internet entrepreneurs can ask their queries in the Q&A session that would follow the various sessions as mentioned below -:

- Choosing the right Domain Name

- How to Protect your Domain Names

- Whats in a name , A Web 2.0 perspective

- Buying and Selling of Domains

The workshop is being organised by Cyberspace and Intellectual Property Foundation (CIPFO), an organization headquartered at New Delhi, India, formed with an aim to disseminate knowledge about the Cyberspace and Intellectual Property and is a fusion of Internet and intellectual property professionals .

A certificate of participation shall be provided to the registered participants after the  successful completion of the workshop.

Registration & Pricing

Interested participants can see the program details and register with us by following the link below and completing the Registration formalities.

Click for Workshop Registration

A fee is charged from the participants as per following :

One Delegate - Rs. 3,000/-

Two or more delegates from the same organization get 10% discount.

For further queries contact.

 

Jay Paudyal,

CIPFO - Cyberspace & Intellectual Property Foundation

18 - Pusa Road, Third Floor,

New Delhi - 110005. India,

Phone No. : +91.11.28755155

Mobile No. : +91.9871414444  
Email : contact@cipfo.org
Web : www.cipfo.org

For further details log on to: http://www.cipfo.org/managing_online.php

--
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

Panel Constituted to Examine Copyright Issues of Bollywood

HRD Minister Kapil Sibal set up a ten-member committee today after a delegation of film fraternity met Sibal in Mumbai and aired their concerns over the proposed amendment to the Act which will mandate users to pay royalty to the creator for use everytime.

The panel comprising film actor Aamir Khan, producer Mukesh Bhatt, lyricist Javed Akhtar, script writer Anjum, director Vishal Bharadwaj among others. This is in response to the opposition from certain sections of film fraternity over the proposed amendment to Copyright Act. The panel of experts, will examine the issue and submit a report.

The representatives of the film fraternity were of the view that the proposed amendments will affect certain loss-making ventures which were using the material which have already been available in the market.

Hope the panel will look both sides of the coin and maintain the balance of the rights of creators vis a vis the fair users and consumers.


--
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

Master's in Intellectual Property Law from IGNOU

Indira Gandhi National Open University (IGNOU), School of Law , in
association with Queensland University of Technology (QUT), Australia
has launched a first of its kind Master's Programme in Intellectual
Property Law (MIPL). A two year Master's programme, shall be
delivered and managed by Rainmaker, India's leading solutions provider
to the Legal industry, through its proprietary online learning
platform, eMentor.

The programme is delivered completely online, and, is open to graduates
from all streams. It has been designed to suit the learning needs of
both legally qualified and "non-legal" professionals, and aims to
provide an in-depth examination of both classical and contemporary
areas of, and developments in, Intellectual Property law.

MIPL programme has been designed by an Expert Committee conmprising of
leading academicians from the IGNOU-School of Law panel and others such
as Professor Kamal Puri from the QUT, who have established
international reputations in the field. In addition, leading
practitioners, such as Rodney D. Ryder, form part of the panel of experts
contributing to the programme.

The MIPL programme is delivered using virtual-learning friendly
components such as self-instructional text, audio-video materials,
radio and television broadcasts, online counselling,
video-conferencing, and other innovative internet-based learning
techniques and systems.

The next batch of the programme commences on March 1, 2010.
Registration shall continue till March 31,2010.
The programme fee is Rs.36,000/-
which can be paid in two installments.
For more details log on to:  http://www.ignouonline.ac.in/mipl/
To download the programme brochure log on to the folllowing:
 http://www.rainmaker.co.in/downloads/MIPL_E_Brochure.pdf

--
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

1st Franklin Pierce Law Centre Intellectual Property Law Essay Competition, 2010

The Franklin Pierce Law Centre, New Hampshire USA is organising the 1st Franklin Pierce Law
Centre Intellectual Property Law Essay Competition, 2010 in association with the National Law
University, Jodhpur, India. The objective of the Essay Competition is to encourage research in
emerging areas in the field of intellectual property law, and, accordingly, we have selected cutting
edge and forward looking topics for the Competition.
Franklin Pierce Law Center, is a community of scholars dedicated to teaching the practice of law
and empowering others to contribute productively to a global legal system. Our students come
to the United States, from around the world to engage in active, practice-based learning in a
small cooperative interactive learning environment. Franklin Pierce Law Center remains, by
choice, one of the smallest independent law schools in the United States. We offer a close-knit
and innovative learning experience. Our curriculum offers an intensive, practice-based learning
approach, providing many opportunities for hands-on learning. Diversity is the foundation to
effective, cooperative dialogue. Our alumni live and work in 85 nations, many who are now
global leaders in their countries.
The National Law University, Jodhpur, India is an institution of national prominence, being one
of the premier law Universities in India. The University is established for the advancement of
learning, teaching, research and diffusion of knowledge in the field of law. It caters to the needs
of the society by developing professional skills of persons intending to make a career in
advocacy, judicial service, law officer / managers and legislative drafting as their profession. The
Ministry of Human Resource Development has endowed the University with an Intellectual
Property Rights Chair under which the University undertakes number of programmes to increase
intellectual property awareness amongst the masses.
ELIGIBILITY
1. Participation is open to all students pursuing graduation in law, science or technology in
any University in the Indian subcontinent (i.e. in India, Bangladesh, Pakistan, Nepal, Sri
Lanka and Bhutan)
2. An essay must be authored by a maximum of two authors.
TOPICS
1. Issues in open source in biotechnology
2. Obviousness in Chemical and Biotechnology Patents: A Post KSR analysis
3. Patenting Software: A Comparative Analysis

For more details log on to: http://www.nlujodhpur.ac.in/downloads/ipressay.pdf
--
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

National Biotechnology Regulatory Authority is the Need of Hour

The lack of confidence in bio-tech products is not a good news for innovation in the bio-tech sector in India. That will badly hit the development and growth in the said sector. As we have seen from the last few weeks there were lot of protests against the introduction of BT Brinjal into the Indian market. The Ministry of Environment under the stewardship of Jairam Ramesh has attempted to convince the Indian people that this latest innovation has been tested adequately as per the law of the country and that the same were safe both for the environment and for human consumption. But he was miserably failed to convince the Indian people and ultimately the Ministry has announced that it is withdrawing its proposal to introduce BT Brinjal in the Indian market. This raises a big question of what exactly is the regulatory mechanism for biotech products in India?

Currently the biotech sector is regulated by the Ministry of Environment and the Department of Biotechnology which functions under the Ministry of Science and Technology.The said Ministries have two further committees under them â€" The Genetic Engineering Approval Committee (GEAC) and the Review Committee on Genetic Manipulation (RCGM). While the latter is the apex body functioning under the Ministry of Environment, the latter functions under the Department of Biotechnology.

The only legislation which is vaguely related to these Committees is the Environment Protection Act, 1986. The Committees are mostly regulated by a complex web of rules and regulations drafted by the bureaucrats of these Ministries who are of-course non professionals of biotechnology.

The moot question is why India is lagging behind to regulate the very important sector which can ensure the food security? So the National Biotechnology Regulatory Authority Bill which is pending in the parliament from the last few years should get clearance from the cabinet committee and be passed as quickly as possible.

Source: Spicy IP

--
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

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

--
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