14th June , 2010

Petition challenging GI rights of Tirupathi "Laddu" dismissed

The Madras High Court has dismissed a petition challenging the GI rights of the Tirupathi Laddu- the famous prasadam of Lord Venkateswara.

While dismissing the petition challenging the grant of GI to the Tirupathi "Laddu", the court held as "not Maintainable". The petitioner can however approach the Intellectual Property Appellate Board (IPAB).

The GI tag blocks others from naming or marketing this sweet preparation under the same name. The Chennai-based Geographical Indication Registry had granted the GI for the Tirupati laddu to the Tirumala-Tirupati Devasthanam (TTD) trust which administers the Venkateswara Temple at Tirumala.

An advocate J. Mohan Raj had filed the petition. In its counter affidavit, the Devasthanam asserted that even after registration the advocate could approach the Registrar of GI or the specifically constituted Intellectual Property Appellate Board for removing the GI if it flouted the GI of Goods (Registration and Protection) Act.

The Assistant Registrar, GI, emphasised that the registration had not endangered religious harmony or secular image of the country as alleged by the petitioner.

ISCO patent to International Stem Cell's hpSC

International Stem Cell Corporation has been granted a patent relating to its development of human parthenogenetic Stem Cells (hpSC) by the United States Patent and Trademark Office (USPTO). Human parthenogenetic stem cells are a new type of pluripotent stem cell that allow immune matching to solve serious immune rejections, and does not engage in the ethical issues that surround the use of fertilized human embryos.

 ISCO's creation of human parthenogenetic stem cells was first announced way back in 2007. This patent protects ISCO's technology platform, allowing the creation of hpSC from unfertilized eggs, exhibiting similar qualities and pluripotency as embryonic stem cells, with the additional ability to be immune-matched to the donor.

Creation of "homozygous" hpSC that can be immune matched to millions of persons of differing sexes and racial backgrounds, would ultimately assist in creating a universal source of stem cells that could benefit most the of the world's population. Researchers from all over the world work with ISCO to study different therapeutic applications of hpSC for treating liver disease, diabetes, Age-related Macular Degeneration (AMD), corneal blindness and various neural degenerative diseases.

Heinz India wins trademark battle with PepsiCo

Heinz India, a private company manufacturing food products, including tomato ketchups, energy drinks, and ghee has won a legal battle against PepsiCo over the use of a tagline for Glucon-D Isotonik, an energy drink, manufactured by Heinz India.

PepsiCo had accused Heinz India for using a similar tagline for its energy drink. PepsiCo has been selling Gatorade sports drink in India since 2004 and it uses the tagline 'rehydrate, replenish, refuel'. Heinz's advert says 'Glucon-D Isotonik rehydrates fluids, replenishes vital salts and recharges glucose'.

Heinz had launched Glucon-D Isotonik, a new variant of Glucon-D, in February 2010 and in March 2010 PepsiCo sued Heinz claiming trademark infringement by the company.

900 Yoga Poses Documented by India to Block Patents

About 900 yoga postures have been documented in India in an effort to prevent entrepreneurs and companies in other countries from getting yoga-related patents. Yoga, which originated in India is a practice of exercising, breathing and meditating that has been observed by Indian since ages. These practices have become popular in recent years and yoga has grown into an estimated $250 billion industry.

The yoga postures or "asanas" have been documented by India's Traditional Knowledge Digital Library following a three-year effort by a team of yoga gurus and other scholars.  Medicines and yoga asanas registered with it enjoy the status of being patented.  Video recordings of nearly 900 pose were prepared after studying ancient Sanskrit texts, including, Patanjali's classic work on yoga and the Bhagwat Gita.

India claims that yoga has been practiced in the country for over 6000 years, and cannot be patented by others. This is aimed at blocking the numerous yoga-related patents and trademarks issued in recent years by Western countries. The accumulated information on yoga in the form of Traditional Knowledge Digital Library, is being translated into English, French, Spanish, German and Japanese, and would be sent to patent, copyright and trademark offices around the world. This would prevent yoga-related patents from being granted on the basis that they are not original.

India has signed agreements with patent offices in the United States and Europe to help protect its traditional knowledge. In the past year more than one dozen patent applications relating to  Indian systems of medicine have been withdrawn or set aside by the European Patent Office, including one for a skin cream based on melon extract and another for a medicine based on pistachios.

Japanese, Chinese and Indian patents granted to Nativis for drug signal technology

Nativis, Inc., a La Jolla, California-based life science Company, has been issued patents in Japan, China and India for its novel technology that captures the unique signals of approved drugs at the atomic level and then delivers the signal in a solution to treat serious diseases.

This unique technology, which also has U.S., Canadian and Australian patents, would change the mode of treatment of diseases, including those for which there are no known cures, such as brain cancer.

Nativis now has five U.S. and eight foreign patents, plus filings in 34 countries, for drug signal technology, the drug signal and related processes for transduction to biological systems.

A drug signal is captured from existing drug molecules using this technology and the resulting signal can be replicated and delivered in solution. The first application of the Nativis technology will be a drug signal therapeutic called Digitax™, used to aim glioblastoma, the most aggressive form of brain cancer.  Delivered orally it is effectively crosses the blood-brain barrier and reduces and eliminates tumor growth.

Motorola and Research In Motion Settle Patent Dispute

The handset makers Motorola and Research In Motion have settled a patent dispute over mobile technology that Motorola brought to the International Trade Commission (ITC) this year. According to the settlement, the BlackBerry maker - Research In Motion, would give Motorola an upfront payment, plus continuing royalties, for the use of its mobile technology. The financial terms and conditions were not made public. The deal included an agreement to cross-license various patents related to industry wireless standards and wireless e-mail messaging.

Motorola had filed its complaint against Research In Motion in January this year. The disputed patents relate to several cell phone functions, including Wi-Fi access, the management of applications, the user interface and power management.

British Petroleum files patent to produce Oil from seawater

The British petroleum giant BP has filed for patents for its process of creating oil from seawater. BP is on track to collect some 25,000 to 50,000 barrels of oil daily from an announced flow of only 5,000 barrels per day at its former oil platform where eleven workers died in the Gulf of Mexico.

The recent oil "spill" - the worst oil spill in U.S. history may be the resultant of the first full field-test of the new BP process that could transform deep-water drilling. Though BP is building a temporary city to house 1,500 oil spill cleanup workers near the Louisiana coast, can it revert back to the stage when the coast was free of this spillage?

Now seawater which comprises of around 75% of the world would be exploited by BP to its fullest for oil- the golden liquid.