Hearing before trademark office for complaints related to renewal
Controller general of Patents, Designs and Trademarks has issued a public notice to ensure that the justice is delivered to the people whose marks are removed from the Trademark Register due to non-payment of Fee. The controller has received a number of complaints stating that either the renewal notices were not received or the original certificates were not received by the applicants or their agents.

As per the notice, during the last 6 months 56,429 trademarks are notified and removed from the register due to non-payment of renewal fee. the Registry has received about 0.1 percent complaints out of these removals.

As per the notice, an applicant or agent, after paying the prescribed fee of ` 2500 along with a written petition, which includes the entire case history and cogent reasons for non-renewal and other supporting documents can submit such petition before the designated officers within 2 months from the issuance of this public notice. The notice also mentioned that the designated officer may give a hearing to the applicant or their agents. Also the officers have to give a speaking order (with reasons) in each and every case.

All such petitions are required to be forwarded to the Registry by 30th November, 2010 with a copy endorsed to the controller.

Trademark search database will be open to public for free
Controller General of Patents, Designs and Trademarks (CGPDTM) in his continuous efforts to bring transparency in functioning of the Office has announced that the Indian trademarks database will soon become openly accessible and freely available to the public for search and related services.

The notification dated 29th September, 2010, has stated that:-

"Once, the notification comes into force the access to the trademark database will be made open and freely available to the public for search. This will bring greater transparency and facilitate business decisions to apply for a trade mark on an immediate basis from anywhere in the world. More similar measures to bring transparency and openness in the trademark administration is being initiated in the proposed amendments of Trade Marks Rules information regarding which can be accessed from IPO official websitewww.ipindia.nic.in "

Controller General of Patents, Designs and Trademarks (CGPDTM) has stated in the notice that the following files and information can be accessed through Online trademark database:-

All details of Trademark application as filed (such as date of first use, proprietor details, Agent name and so on)

• Examination Report.
• Registration certificate.
• Opposition details.

Discussion on country’s compulsory license provisions.
Department of pharmaceuticals’ (DoP) in a move to ensure abundant availability of good quality pharmaceuticals at reasonable prices in the country, is seeking comments on the provisions of compulsory license from pharmaceutical associations such as IDMA, IPA, etc.

DoP is collecting comments of pharmaceutical associations following the release of Department of Industrial policy and promotion’s (DIPP) discussion paper. DIPP had earlier released this discussion paper, inviting comments on the provisions of compulsory licensing. This discussion paper highlights the issues such as,

Under what circumstances should the provisions of Section 84(7)€ regarding working of patents be applied.

How to differentiate the compulsory licensing under section 92 and use of invention by central government under section 100.

The discussion paper along with various other issues also highlights the recent instances of compulsory license in various jurisdictions and discloses that, under the amended patent act no compulsory license has been issued in India. It also discloses that, three applications seeking the grant of compulsory license were received in 2007.However, were withdrawn by the applicant due to insufficient manufacturing capacity.

Leading Pharmaceutical associations and NGOs have provided their feedback on the discussion paper which can be viewed on the DIPP website. http://dipp.nic.in

Bajaj wins an order over TVS
In a recent decision of Madras high court, the appeal filed by Bajaj Auto limited against TVS motors for patent infringement is allowed. The suit involves an issue in manufacturing and marketing of TVA bike Flame.

Initially, a single bench judge of Madras high court had issued an injunction against TVS for infringement of a Patent held by Bajaj for twin spark technology. However, the division bench reversed the said order. The High Court further held that no prima facie grounds are found for issuance of Temporary injunction.

Thereafter, Bajaj filed an appeal against the said order before Supreme Court of India. Apex court allowed TVS to sell its bikes with twin spark plugs, and appointed a receiver to maintain honest books of profits. Court also directed the Madras High Court to hear the matter pending before it on its merits and complete the full trial and pronounce orders latest by 30.11.2009.

In a separate suit filed by TVS for non-infringement the single judge of Madras high court directed Bajaj to lead the evidences before court. Bajaj Auto, in the appeal contended that TVS be filing a suit for non-infringement has taken upon the burden on itself. By asking Bajaj Auto to lead evidences before TVS, the single judge has committed serious error as it’s the plaintiff who should discharge their onus firstly.

Madras high Court in the present order has upheld Bajaj Auto’s stand. As a result TVS has to lead the evidences before the single judge prior to Bajaj.

Businesses to benefit from pathbreaking book on Indian Patent Law
Patents play a very important role in providing business and competitive advantage for knowledge driven companies. In order to maximize business benefits from inventive activities, companies must be aware of the dynamics of patent law and activities of competitors. Swift response to changes in law and patent behaviour of other companies is necessary to face cut throat competition. The rapid progress of patent activity in India requires every company to be alert and watchful in order to survive and succeed in the market place.

The dearth of literature and reliable sources of information with respect to patent law has been a major hurdle for companies to devise strategies for the Indian market. To address this lacuna, Dr. Kalyan, Mr. Arun and Ms. Vinita, eminent patent experts in India, have written a path breaking work entitled, Indian Patent Law and Practice, published by Oxford University Press. Dr. Kalyan is a well known patent attorney in India. In addition to working with leading companies on patent issues, he also teaches at National Law School of India University and Indian Institute of Management, Bangalore. Arun is the CEO of a leading IP Services company, Brain League, and is an experienced patent agent. He works with some of the top technology companies on patent drafting, prosecution and management. He is a graduate of IIT, Madras and IIM, Bangalore. Vinita spear heads the IP operations at a research based pharma company based out of Bangalore. She gratuated from Munich IP Law Center and plays an important role in patent development and management.

Three eminent authors with divergent backgrounds and tremendous experience in the patent field have come together to author the first book in India that addresses practical aspects of patent law from the technology, law and management perspectives. The book gives insights into complicated concepts of patent law with simple examples and cases. It addresses patent issues relevant to biotechnology, pharma, electronics and telecom, software and manufacturing sectors. For the first time in India, skill based aspects such as specification and claim drafting, patent mining, license drafting, infringement and FTO analysis and so on have been explained in a lucid manner. To learn more about the book, please visit www.indianpatentlaw.com.

Speaking about the book, Dr. Kalyan said, "In addition to providing high quality and value added patent services, we have since the past seven years been building patent knowledge and culture among companies, publishing research articles and updating companies on various developments in the field. The book on Indian Patent Law and Practice, published by the Oxford University Press, is a part of our endeavour to develop quality literature on patent law. It enables companies to gain business and competitive advantage by providing a lucid insight into patent law. Considering the variable requirements of different technologies, we have dedicated portions in the book to different fields of technology." In addition to the website on the book, the authors have also started a blog to update readers on various developments in Indian patent law.  To view the blog, please visit www.indianpatentlaw.blogspot.com.

The ice breaking work on the subject is set to change the patent landscape in India by throwing light on various ambiguous aspects. Considering the need for patent literature in India, the book will definitely play a critical role in improving the quality of patent decision makers and patent profession in India. It will provide insights for companies to make critical patent decisions and gain business advantage.