GENERAL IPR

TATA GROUP CREATES IP CLUSTERS
The TATA Group of companies, India has started Intellectual Property (IP) clusters in Bangalore, Pune and Jamshedpur. These clusters would persuade companies to generate, protect, manage and commercialize their IP. This project would offer new business options for the group.

The country's largest industrial corporation has chosen Bangalore, Pune and Jamshedpur as these places with the largest concentration of branches and flagship companies would guide associates in technological innovations. Titan Industries, Tata Consultancy Services and Tata Tea will function as mentors in Bangalore, while Tata Motors and Tata Steel will thrust the IP drive in Pune and Jamshedpur.

"This programme would motivate companies to execute plans to identify, create, protect and leverage IP assets and thus build a quality portfolio of IP assets for a company.

Other corporations involved in this IP drive include Tata Chemicals, Tata Communications, Advinus, Tata Elxsi, Tata Interactive Services, Rallis, TACO, TCE Consulting Engineers and Tata Teleservices.

TRADEMARK

UNILEVER AUSTRALASIA PLEA ON TRADEMARK REJECTED
The Supreme Court of India has ordered a Mumbai-based cosmetic firm Shingar Cosmetics Pvt Ltd to proceed against Australia-based Unilever Australasia plea in a trademark violation case filed in a Bangalore court.

The court dismissed Unilever's petition seeking stay on the proceedings in a trademark violation case filed against it by the cosmetics firm in October last year. The firm has alleged infringement of its trademark 'Instinct' by Unilever.

Unilever Australasia does not manufacture, sell or conduct its business in India and had sought stay on these grounds that it cannot be sued in India for trademark infringement. Unilever manufactures a variety of products including the 'AXE' range of products and sells them to different companies including Hindustan Lever in Australia and its products are imported in India. The AXE range of deodorants is sold in 18 variants with different descriptors in India including the word 'INXTINCT'.

ROSETTA STONE SUES GOOGLE FOR TRADEMARK INFRINGEMENT
Rosetta Stone, a provider of technology-based language-learning solutions has sued Google for trademark infringement.

The company is accusing the search giant of allowing third parties including individuals involved in software piracy operations to buy the right to use Rosetta Stone trademarks. It also claims that people are confused by the ads of other retailers shown on Google when typing Rosetta Stone. Google faces several similar suits related to its Adworks program, which allows advertisers to link to search keyword searches.

Rosetta Stone, offers language-learning software for about 30 languages.

AUSTRALIA LAUNCHS LOGO-FREE CIGARETTE PACKS
Australia would become the first country in the world to ban logos and branding on cigarette packets. This is a proposal to make cigarette packets less attractive to smokers.

The new legislation by the Australian government aimed at reducing tobacco use, would be starting on July 1, 2012. Cigarette packets would have plain, uniform logo-free packages carrying only graphic warnings against smoking. The brand name is to be demoted to the bottom of the pack.

Tobacco companies have opposed this move and have vowed to fight it in court but it is in the best interest of the general public. Imperial Tobacco Australia, a leading cigarette maker would challenge the move on the grounds that its profit would be affected, arguing that the brand has commercial value. They claim that plain packaging would confuse the consumer in identifying a brand from another.

PATENT

APPLE FILES PATENT FOR 3D GLASSES
Apple Inc. has filed a patent for 3D glasses, which would enable users to view 3D films even on the move. These glasses would have a slot where the Apple's iPod or iPhone can be plugged in and a unique lens through which the display on the screen can be projected.

The lens inserted into the glasses would distribute the image onto two different frames, thus creating a 3D effect. The 3D glasses would also have a camera, so that the video can also be streamed in an easy manner.

APPLE FILES PATENT FOR 3D GLASSES
Apple Inc. has filed a patent for 3D glasses, which would enable users to view 3D films even on the move. These glasses would have a slot where the Apple's iPod or iPhone can be plugged in and a unique lens through which the display on the screen can be projected.

The lens inserted into the glasses would distribute the image onto two different frames, thus creating a 3D effect. The 3D glasses would also have a camera, so that the video can also be streamed in an easy manner.

ECUADOR GRANTS COMPULSORY LICENCE FOR HIV/AIDS DRUG
Ecuador, a representative democratic republic in South America has granted its first compulsory licence for a patented pharmaceutical to Eskegroup on 14 April this year. Eskegroup is the local distributor for Cipla, an Indian generic pharmaceutical producer. In October 2009, Ecuadorian President Rafael Correa had signed a declaration allowing compulsory licences in Ecuador.

The compulsory licence was granted for ritonavir, an antiretroviral drug. Abbott Laboratories, a US pharmaceutical manufacturer is the owner of the patent. Under the term of the compulsory licence, Eskegroup will have to pay royalties to Abbott Laboratories for using the licence. The compulsory licence has been granted until 30 November 2014 till the patent expires.

COPYRIGHT

DRAFT COPYRIGHT BILL INTRODUCED
The Union Government of India introduced the Copyright Amendment Bill, 2010, in the Rajya Sabha on 19th April, 2010 to amend the Copyright Act, 1957.

This amendment of the 1957 Act seeks to assign independent rights to lyricists, composers, singers and directors as the authors of literary and musical works in films. The proposed changes to the copyright bill will have broad implications for the music and film industry in India. The right to receive royalty lies with the music firms and producers, under the present copyright system. Lyricists will get royalties from the commercial exploitation of their work with the functioning of the new Act. The Copyright Amendment Act, 2010 will treat the producer and the director jointly as the first owner of copyright. The producer enjoys sole rights under the present law.

The Bill also seeks to introduce statutory licensing or compulsory licensing to broadcasting organizations to access literary and musical works and sound recordings.