International Conference on Intellectual Property Rights
Congratulations Participants! We pay our sincere gratitude to participants who attended the International IPR Conference held on 8-9 January, 2009 at Hotel Taj Bengal, Kolkata for making the conference a big success. The knowledge conclave has fullfilled our thousands of queries on IPR. Learned speakers from Sughrue Mion PLLC, shared their knowledge and experience with us. We hope to arrange such knowledge conclave very soon again.

PATENT
HC REVOKES ROCHE'S PATENT
Madras High Court has set aside Roche's patent on its drug, valganciclovir on procedural grounds after being granted. Valganciclovir received patent in the year 2007. Indian Network for People Living with (INP+) and Tamil Nadu Networking People with HIV/AIDS (TNNP+) filed a petition challenging the Indian Patent Office’s decision of granting a patent without being heard the pre-grant opposition filed by them. Under the Indian law, if an opponent requests a hearing, the patent office is required to provide the opponent an opportunity to be heard. However, this opportunity wasn’t provided to the petitioners. The court held that Indian patent office failed to comply with the patent law and remanded the matter back to the Patent Controller. Valganciclovir is a treatment for cytomegalovirus in AIDS
patients as well as patients who have received organ transplant. Roche charges around Rs 1000 per tablet and a patient who has to undergo a treatment course of approximately four months for CMV retinitis in India would have to pay over Rs 2.5 lakh which makes it unaffordable to common man. Later on Cipla launched its generic version in the domestic market at a price of Rs 245 for a tablet. An infringement suit seeking injunction was filed by Roche in the High Court of Bombay against Cipla. The fate of this proceeding remains to be seen as the patent is now revoked.

PATENT APPLICATION TO MAKE THERMOPLASTIC POLYESTER BY RELIANCE
Reliance Industries Ltd (RIL) has approached the Controller General of Patents, Designs and Trademarks for a process patent to make thermoplastic polyester. Reliance Industries (RIL) is also engaged in the business of petroleum. Claims were published in the latest Patent Office Journal giving public notice. The present invention has been developed at the Reliance Technology Centre, Raigarh. According to the company, the polyester formed by this process results in an increased rate of solid state polymerisation and a reduced rate of polymer crystalisability. Thermoplastic polyester is used basically in textile manufacturing. RIL's manufacturing division at Naroda, Ahmedabad, is one of the largest and most modern textile complexes in the world.

REFUSAL OF FEDERAL CIRCUIT TO BIOPATENT
A pharmaceutical process patent for 'evaluating and improving the safety of immunization schedules’ were held to be invalid. The decision was based on the decision in In re Bilski which changed the test for concluding patent eligible matter in US. US Court of Appeals for the Federal Circuit, held that ‘In light of our decision in In re Bilski, we affirm the district court's grant of summary judgment that these claims are invalid under 35 U.S.C. 101. Dr. Classen's (inventor’s) claims are neither related to a particular machine or apparatus’ nor do they ‘transform a particular article into a different state or thing.’

TRADEMARK
SCT ON NON-TRADITIONAL MARKS, TRADEMARK OPPOSITION PROCEDURES AND INDUSTRIAL DESIGNS
WIPO’s Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) concluded on December 5, 2008. The meeting was attended by 72 member states, 4 intergovernmental organizations and 8 non-governmental organizations. SCT addressed issues on non-traditional marks, trademark opposition procedures to industrial designs, and new areas of work.
SCT had identified a number of areas of convergence concerning requirements for the representation and description of “non-traditional marks” such as threedimensional marks, color marks, sound marks, movement marks, hologram marks or position marks. The SCT also reiterated its agreement on areas of convergence relating to trademark opposition procedures. These procedures provide third parties an opportunity to object the registration of a trademark either before or after it has been registered with a trademark office. The SCT also explored a range of topics relating to industrial design law and practice in its review of a comprehensive survey based on responses from over 70 member states. The next meeting of the SCT is scheduled to take place in Geneva in June 2009.

DISPUTE BETWEEN STANFORD UNIVERSITY AND SIR ALLEN STANFORD Stanford University- one of America’s most prestigious universities has filed a law suit against Sir Allen Stanford for using Stanford name alleging that the Stanford
tournaments infringe its trademark. The university claims, the use of the Stanford name represents “intentional and bad faith conduct” and is causing confusion in the market place. Stanford University is an established presence on the American college sports scene with high-profile basketball, volleyball and athletics teams. If the university’s action is successful, it could force Stanford to change the name of his multi-million-dollar cricket tournaments or pay substantial damages.

SINGAPORE TREATY TO BE EFFECTIVE ON 2009
“The Singapore Treaty” which sets standards for trademark registration procedures will come into force on March 16, 2009 subsequent to its ratification by Australia on December 16, 2008. This is the tenth ratification of the Singapore Treaty on the Law of Trademarks. Apart from standardizing procedural aspects of trademark registration and licensing, the treaty enables owners of trademarks and national trademark authorities to take advantage of efficiencies in using modern communications technologies to process and manage evolving trademark rights. It recognizes developments in the branded goods industry and marks a new approach to secure investment in product differentiation. The Treaty establishes trademark office administration rules applicable to all types of trademarks, taking into account the advantages and potential of electronic communication facilities, while recognizing the varying needs of both developing and developed nations. The Singapore Treaty was adopted by WIPO member states in Singapore on March 28, 2006.

COPYRIGHT
UK GOVERNMENT COMMENCES WORK TO EXPLORE COPYRIGHT RULES
The Strategic Advisory Board for Intellectual Property Policy (SABIP) is to play a key role in assessing UK’s copyright rules. It is a non-departmental public body which provides strategic independent advice to Government on intellectual property policy. SABIP has appointed a Copyright Expert Panel which comprises of five leading experts on copyright. SABIP also plans to consult and engage with stakeholders as widely as possible. Joly Dixon, SABIP's Chairman said, "Our intention is to examine the basics of the copyright framework as we consider its strengths and weaknesses in the context of a rapidly changing environment. We plan to ask questions and stimulate debate as we seek to build the evidence base for longer term policymaking in this area".

INTELLECTUAL PROPERTY
BILL TO PROTECT IPR IN PUBLIC FUNDED RESEARCH
The Protection and Utilisation of Public Funded Intellectual Property Bill 2008, a bill to protect IPR in public funded research was introduced by Science and Technology Minister Kapil Sibal in the Rajya Sabha. The objective of the proposed legislation is to ensure access to such innovation by all stakeholders for public good. Bill seeks to provide for a funding agreement between the government and the recipient before release of grant for research and development. It also seeks out to block public disclosure, publication and exhibition of the public funded intellectual property. The bill, if passed would enhance awareness about intellectual property issues, especially in universities, academic and research institutions.