7th August , 2011
India’s Basmati trademark registration challenged by Pakistani Basmati growers
The Basmati Growers Association (BGA) of Pakistan is challenging the trademark registration of Basmati by the Indian Agricultural and Processed Food Products Export Development Authority (APEDA) with the Geographical Indications Registry in India.
The legal dispute regarding the trademark registration of Basmati between the Rice Exporters Association of Pakistan (REAP), BGA and APEDA is pending with the Sindh High Court in Pakistan. REAP alleges that the trademark registration of Basmati by BGA in May 2008 should be acquired by the government of Pakistan and not any private association. Meanwhile there is discrepancy between India and Pakistan on the definition of Basmati rice. The Pakistani Basmati growers and exporters are also in a dispute over its price in the international market as rice exporters wish to buy the product from farmers at very low rates.
Rice Tec Inc., an American company, was granted a patent on "basmati rice lines and grains" in 1997 by the USPTO. After much uproar worldwide and with great efforts from Centre for Food Safety, an international NGO campaigning against biopiracy, and the Research Foundation for Science, Technology and Ecology, an Indian environmental NGO, the Texas-based company withdrew most of the claims of the patent, including, the right to call their rice lines "basmati."
Basmati is a variety of long grain rice cultivated in India and Pakistan, famous for its aroma and delicate taste. India is the largest cultivator and exporter of this rice, followed by Pakistan.
Bombay High Court Copyright judgment criticized
The Bombay High Court had last week declared that the Indian Performing Right Society Limited (IPRS) that looks after the copyright of music composers and lyricists is not entitled to demand royalty or license fees from FM radio channels for broadcasting recorded music. This verdict has been severely criticized by the lyricists and composers.
The High Court had ruled that companies that record music own the copyright rather than the composer or the lyricist and that Phonographic Performances Ltd., representing the recording companies, would be the only collecting society that can demand licenses or royalties. This court ruling still permits composers and lyricists to make a different recording of the same work without infringing the music companies’ copyrights.
The ruling effectively means that radio stations will now have to only deal with Phonographic Performances Limited (PPL) for obtaining a license to play the music.
WLC College (India) charges IIM-Calcutta of 'intellectual property theft'
One of India's premier institutes of management education, IIM-Calcutta, has been accused of 'intellectual property theft' by a private college. WLC College (India) Ltd has claimed that IIM-Calcutta copied the structure and syllabus of a special course being taught at their colleges.
WLC is yet to register a copyright for the educational course which it claims that IIM-Calcutta has copied. The course relates to teaching specific sub-professions to students to make them better prepared for the practical challenges in their respective fields.
WLC claims that it had approached IIM-Calcutta last year to discuss the possibility of a joint certification for that course, which were not materialized. WLC claims to have received an e-mail from IIM-Calcutta mentioning that they are starting a new course, which is an exact replica of their course material.
IIM-Calcutta has refuted WLC allegations, mentioning that the core content for their management development program (MDP) was original and that the terminology which WLC mentions is very generic and could be used by anybody else. However the MDP is not being offered as IIM-C could not get enough students for the course.
GI rights over muga silk may be withdrawn
The state of Assam may get its Geographical Indication (GI) rights over muga silk withdrawn due to the absence of registered authorized users of this golden silk. The GI for muga silk was registered on July 20, 2006 for 10 years.
The Patent Information Centre (PIC) of the Assam Science Technology and Environment Council (ASTEC) has confirmed that Muga is yet to get its registered authorized users.
Assam is the only producer of Muga which is the first article on which the state could secure its GI rights. The PIC, ASTEC had been the force behind the registration of Muga with the GI Registry. If registered authorized users of the golden silk are not found soon, it is apprehended that this exceptionally brilliant silk which is an absolute part of Assamese culture, may lose its GI registration.
The Central Silk Board is soon going to assign the Muga mark to the pure fabric of the golden silk to save it from adulteration.
Manual of Geographical Indications Practice and Procedure released
The Office of the Controller General of Patents, Designs and Trademarks & Registrar of Geographical Indications of India has released the “Manual of Geographical Indications Practice and Procedure”.
The Manual which could be a useful and practical guide to all the potential applicants and GI practitioners, briefly outlines the evolution of GI, explores the concept of GI and context of enactment of Geographical Indications of Goods (Registration & Protection) Act, 1999. It includes all the relevant provisions and rules pertaining to the filing of application.
The Manual which is supposed to be revised from time to time based on elucidation by Court of Law, statutory amendments and inputs from the stakeholders, would be of immense help to those who are not acquainted with the legal formalities. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on 15th September, 2003.
India's first compulsory license request filed by Natco Pharma
India's first compulsory license request has been filed by Natco Pharma to sell a generic version of Bayer's patented medicine, Nexavar, used to treat liver and kidney cancer.
A generic firm is permitted by the government to produce a patented product without the consent of the patent owner within compulsory licensing. The compulsory licensing, being exploited in countries like Thailand, Brazil and South Africa, is one of the flexibilities on patent protection included in the WTO's agreement on intellectual property -TRIPS (trade-related aspects of intellectual property rights) Agreement.
Bayer's drug, Nexavar, costs about 2.85 lakh for a month's course, which as mentioned by Natco in its application is unaffordable for an average Indian. Natco assumed that it can sell its generic version, sorafenib tosylate, for 8,900 for the same course.
A positive decision for Natco’s application would encourage other local firms to apply for compulsory license for costly patented medicines. Natco had earlier sought a voluntary license from Bayer for sorafenib tosylate in December last year, which was refused thus allowing the company to apply for a compulsory license, according to Indian laws.
