INTELLECTUAL PROPERTY
RESEARCH AND INTELLECTUAL PROPERTY RELATED BILL
A research and intellectual property (IP) related bill to protect and commercialize public-funded research has been circulated among different ministries and is with the Cabinet for comments and approval. The Cabinet will decide whether to take the Bill to Parliament or seek further public debate. IP experts are concerned whether the proposed legislation will succeed in side-stepping the draw-backs of a similar Act in the US that had sought to IP-empower US universities in 1980. On similar lines as the US Bayh-Dole Act, the draft Indian Bill encourages public-funded institutes to patent inventions and explores avenues for commercialization. It also proposes that the inventor gets 30 per cent of the revenue from commercializing the patent, while 10 per cent is ear-marked for the institute’s IP Management Cell.

AUROBINDO PHARMA ACQUIRES IP, MARKETING AUTHORIZATION OF TAD
Aurobindo Pharma has acquired intellectual property & marketing authorizations from TAD Italy, an Italian generic company. This acquisition will give Aurobindo an access to 70 ready to market products that will direct Aurobindo’s entry into the Italian generic market. This strategic acquisition is expected to boost the business for Aurobindo in Italy where the market and the regulatory procedures are considered as the one of the toughest in all EU. Aurobindo has also acquired OTC brands Mapooro and Carmiooro from TAD as a part of this deal. This is Aurobindo’s third acquisition in Europe, after UK’s Milpharm and Pharmacin International of the Netherlands.

COPYRIGHT
DEMAND FOR EXTENSION OF THE COPYRIGHT TERM FROM 60 TO 95 YEARThe copyright life of films, like other literary and artistic works, is 60 years. Film Industries kingpins like Yash Raj Chopra and business chambers like FICCI have demanded that this term should be increased, like in the US, to 95 years from the date a film is made. The government is now in the process of amending the Copyright Act. The film fraternity has approached the HRD ministry for a quick decision.

SCRABBLE VERSUS SCRABULOUS
Two software developers Rajat and Jayant Agarwalla from Kolkata, India launched an application called ‘Scrabulous’ in June 2007 for a social networking web-site called Facebook. The application is an online version of ‘Scrabble’.  The application has become very popular and has around 2.3 million users worldwide. However, the rights to the original scrabble are owned by the world’s first and second largest toy companies, Mattel and Hasbro. The companies have issued cease-and-desist notices to Facebook and the two brothers in January, 2008. The companies have threatened to sue them for copyright infringement. Inspite of the threat, the ‘Scrabulous’ application continues to be used.

TRADEMARK
NO TRADEMARK CLAIM ON COMMON WORDS
The Bombay High Court recently ruled a judgment in favor of ITC, which had mounted a legal battle for over 15 years against GTC's plans to register 'Magnum' as a trademark for a brand of cigarettes and cigars. The Judge opined that the word “Magnum” is of common usage and is purely descriptive.  According to the judge the word “Magnum” can serve as an indication of character or quality or value of the goods since one of its laudatory and descriptive meaning is 'great' and the judge concluded that “Such words/ marks should not be registered (as a trademark)."

PATENT
DELHI HIGH COURT ALLOWS CIPLA TO MANUFACTURE ERLOCIP
In the second issue of ITAG Newsletter (February 2008) it was reported that Swiss pharma company Hoffman La Roche has applied for an injunction against Indian Generic company Cipla, which launched a generic version of its anti-cancer drug Tarceva (Erlotnib). Roche, sought to restrain Cipla from manufacturing and selling Erlotnib stating that it was a violation of their patent rights. The generic name of the drug is Erlotnib, which Roche markets as Tarceva and Cipla as Erlocip. This led the Delhi High Court to hear the argument on 19th March 2008. The Delhi High Court has refused to grant relief to Roche, pending another hearing scheduled for 6th August, 2008. Ahead of the next hearing, the court has asked Cipla to maintain records of sales of Erlocip