International Conference on Intellectual Property Rights
We are pleased to announce that International IPR Conference will be held on 8-10 January, 2009 at Hotel Taj Bengal, Kolkata. The theme of the Conference is "Empowering Business Entities thorugh Knowledge Mangement in the Field of IPR". for details, please Log on to www.iprconference.com

COPYRIGHT
Indian court rejects Hari Puttar challenge
Hari Puttar , a comedy film about a 10-year-old Indian boy whose family moves to a remote part of Yorkshire has won the case against Warner Brothers . Warner Brothers claimed that Hari Puttar infringed its intellectual property rights and its producers wanted to "confuse consumers and benefit from the well-known and well-loved Harry Potter brand". Court said that Fans of the Harry Potter books and films would know the difference between them and an Indian Punjabi film called Hari Puttar.

PATENT
Lawyers Collective to challenge Patent granted for anti-HIV Drug by Chennai Patent Office
Lawyers Collective, an NGO working for AIDS patients, is planning to file a case against the patent Controller of India and the Chennai Patent Office for granting patent to Roche, a Swiss pharmaceutical company for its anti –HIV drug valganciclovir regardless of the filing of pre-grant opposition. As per Section 25 of the newly amended Indian Patents Law pre-grant opposition on patent application affords an opportunity to raise opposition to the claims of patent applicant on reasonable grounds and the patent was granted to the applicant without a hearing on pre-grant opposition.
The drug valganciclovir is an important drug for preventing various infections in HIV patients and granting patent to this drug will prevent generic drugs from coming into the Indian market, thus depriving the poor patients in India of treatment of the HIV related infections since valganciclovir becomes highly expensive and beyond the reach of poor patients.

Version 4 of the Online Filing software for patents of EPO now available
A new version of the online filing software that allows applicants and representatives to communicate with their own patent management systems via a special Web service interface has been launched by European Patent Office. This will help prepare patent applications and send them online to the European Patent Office, the World Intellectual Property Organization or their National Patent Office.

A new Draft of the amended Patent Law has been published by the National People's Congress
As part of the compromises adopted in the National Intellectual Property Strategy during June a new Draft text of the amended Chinese Patent Law was published. It is expected that the new law will bring the Chinese patent system up to international standards and best practices. The important changes will include adoption of the "absolute novelty" standard apart from the changes in application process and enforcement. If approved, this will be the third amendment to the Chinese Patent Law since 1992.

Decree 1431/2008 introduces important amendments to IPR applications procedures in Spain
Decree 1431/2008 was published on the amendment of several implementing regulations in the field of industrial property in the Spanish Official Journal. The Decree eliminates the requirement that foreign right holders without a domicile in Spain must give an address in Spain for the purpose of notifications. The content of the report of the state of the art in patent application procedures is modified to adapt it to the models used in European patent and PCT applications.

TRADEMARK
Bisleri serves legal notice on Coca-Cola
Bisleri International has served Coca-Cola a 30-day notice to stop production of 'Maaza' for allegedly committing breach of agreement firmed up by the two companies in 1993 and 1994.
It has also served a legal notice on the multinational claiming damages of $50 million for allegedly infringing upon the agreement relating to the usage of the intellectual property rights of 'Maaza' in the international market.
As per the agreement, trademark on Maaza was limited to "India and India alone". However, over the past few years, Coca-Cola filed applications for the Maaza trademark in Benelux countries, which were later withdrawn, and more recently in Turkey though it has withdrawn the application from Turkey too.
The general assignment agreement that assigned the Maaza trademark to Coca-Cola dated November 11, 1993, provides that "In the event either party commits a breach of any provisions of the Agreement it shall be lawful for the other party, by giving thirty (30) days notice in writing, to terminate the agreement."

Adoption of Trade Marks Order 2008 on the international registration of trade marks
The Parliament of the United Kingdom (UK) recently adopted the Trade Marks (International Registration) Order 2008. The Order replaces previous regulations and signals in the UK after its adoption on 1st October and enables trade mark owners to seek trade mark protection in several countries by filing a unique application in their country of origin.

INTELLECTUAL PROPERTY
Dr. P. C. Chakraborty, appointed as the new technical member to the IPAB for the Novartis appeal
Dr. P.C. Chakraborty, the deputy controller at the Kolkata Patent Office, has been appointed as the new technical member by the department of Industrial policy and promotions, to the Intellectual Property Appellate Board (IPAB) for hearing an appeal by the Novartis, the Swiss pharmaceutical Company, which has challenged the Chennai patent Office’s decision to reject its patent application for cancer drug “Glivec”.

WIPO: Annual Assemblies open with the appointment of Francis Gurry as Director General
The Annual Assemblies of the World Intellectual Property Organization (WIPO) concluded on 30th September 2008. Appointment of Mr Francis Gurry as Director General was confirmed by the assemblies. In his acceptance speech, he specifically stressed the challenge of finding solutions to the exponential growth in demand for patent services around the world, the need to re-examine the 20th century model of returning value to creators, performers and their business associates, and called for reflection on WIPO's role in countering international trade in counterfeit and pirated goods.