7th September, 2011

Kuthampully sarees and Chendmangalam sarees get GI status

The Geographical Indications Registry of the Government of India has conferred the coveted Geographical Indications (GI) status to the Kuthampully sarees, Chendmangalam sarees and Kannur furnishings.

Kuthampully sarees woven in a small town in the Ernakulam district by the Devanga community, the early migrants from Karnataka, are famed for their hand-woven fabrics and the Kasavu sarees. These are produced mostly with half fine jeri and are cheaper. Kasavu saree is a single piece of white or ivory coloured cloth and Kasavu denotes the gold brocade border of the saree. The Chendmangalam sarees are fine grey sarees with attractive handicraft works on the saree borders.

A GI registration from the Chennai-based registry to products manufactured in a particular area and have been exclusive to that region for years, would add to the authenticity of the products and stop duplication.

Apple and RIM sued Over Mobile Internet Access patent

The Openwave, a software developer has filed a complaint with the International Trade Commission in Washington, alleging that Apple and Research In Motion (RIM) infringe five of its patents. Openwave has filed the complaints with the aim of protecting its IP on how mobile devices connect to the Internet. It has requested the ITC bar to stop the import of smartphones and tablet computers that infringe Openwave patents, including Apple’s iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, iPad and iPad 2 and RIM’s BlackBerry Curve 9330 and BlackBerry PlayBook.

The patents in question cover technologies that give consumers access to the Internet from their mobile devices, including Openwave’s patent that allows a user to use email applications on a mobile device when the network is not available. The software developer had invented technologies that are basic to the mobile Internet and insist that the use of their technologies should be given due credit. It had earlier tried to negotiate a license of its technology with both of these companies without any success.

The company also filed complaints over other patents, which allows access to updated versions of applications on mobile devices; and the one which allows consumers to experience an improved user experience in navigating through various pages of information without delay; and one relating to cloud computing. The company owns just about 200 patents that support its software business with telecommunications operators around the world.

The ITC procedure which usually results in judgments within 15 to 18 months may pave way to making negotiations for licensing agreements between the companies.

Kolkata Metro in copyright dispute

The Calcutta High Court has restrained the Metro Railway from playing music at its stations without obtaining a license. The Phonographic Performance Ltd (PPL) owns the rights of this music.

The PPL had made an appeal in the court after its application for an injunction against playing of music at Metro stations was turned down by the district judge of Barasat, on August 8, 2007. PPL is a copyright society and has been licensed by the Centre to collect license fees on behalf of the owners of sound recordings.

The PPL submitted before the court that Metro Railway has to continue paying the license fee for the music that it plays in the passenger area and platforms. Metro had been paying an annual license fee of Rs 2,55,000 for playing music at 17 stations since 1994 and the fees have been paid for 2004. The last license obtained by Metro was valid till November, 2005. PPL requested Metro to renew its license for the next 12 months which was refused by Metro. It requested PPL to amend the agreement and renew the license for three more months only.

The rules PPL do not allow a license to be issued for three months only. Metro continued to play the music at its stations without obtaining a license for a year, which amounts to copyright infringement.

Pfizer and Dr. Reddy’s settle Lipitor patent-infringement suit

The world’s largest drug maker, Pfizer Inc. and the Indian generic-drug maker Dr. Reddy’s Laboratories Ltd. have settled a patent-infringement lawsuit over the cholesterol-control drug Lipitor.

The terms of the settlement made between New York based Pfizer and Hyderabad, India-based Dr. Reddy’s at the U.S. District Court, Delaware were undisclosed. The confidential agreement is subject to review by the U.S. Justice Department and the Federal Trade Commission.

Pfizer has sued Dr. Reddy’s in December 2009 over a patent covering the compound atorvastatin calcium, the Lipitor drug. Lipitor is the biggest-selling branded drug in the world.

Dr. Reddy's had sought approval for generic Lipitor in 2009 from the USFDA. Pfizer filed a lawsuit alleging patents violation by the Indian company. Pfizer reached a settlement with Ranbaxy in 2008 allowing the Indian firm to launch a generic copy of Lipitor on November 30. Ranbaxy is entitled to six months US marketing exclusivity as it had first approached the USFDA for a generic version of Lipitor.


Apple’s US and Canadian ‘Webkit’ Trademarks Opposed by RIM

The maker of the BlackBerry mobile communications device, Research In Motion Ltd. (RIM), has filed papers with the Canadian Intellectual Property Office (CIPO) opposing a trademark filing by Apple Inc.

The Waterloo, Ontario-based RIM has opposed Apple’s May 2010 application to register “Webkit” as a trademark for computer software, computer search engine software and Internet browser software. RIM claims that it used the mark in Canada since November 2003.

According to the USPTO database, Apple filed a U.S. application to register the mark in May 2010. Both RIM and Nokia have filed opposition to this application.

RIM has time till mid-November to file a statement of its reasons to oppose Apple’s registration in Canada and the time limit for filing the opposition in the U.S. is Oct. 26.