United States Versus China ; Intellectual Property Crisis

China's poor protection of intellectual property has always been a cause of concern for United State and a subject of continuous dispute between both the nations. China's recent assurance to take more rigorous measures to protect Intellectual Property Rights , has come post United State in August took to initiate investigation against China under Section 301 of it's Trade Act of 1974.

Section 301 of the US Trade Act of 1974, allows the U.S. president to unilaterally impose tariffs or other trade restrictions to protect U.S. industries from “unfair trade practices” of foreign countries. The investigation followed President Trump's Memorandum of August 14, 2017 instructing to consider the possible initiation of an investigation against China. United States has shown concerns over violations of intellectual property rights and other unfair technology transfers by China. It Alleged that China’s policy of forcing foreign companies to turn over technology to Chinese joint venture partners and failure to crack down on intellectual property theft have been longstanding problems for several U.S. Administrations.

China has criticized this move by United States terming it irresponsible and alleging disregard of World Trade Organization rules and use of domestic law to initiate a trade investigation against China. It emphasized its role as emerging Intellectual Property Global leader claiming that in year 2015, China's patent office received a record one million applications, the most reported in any country in a single year. But at the same time also acknowledged that China's IPR protection faces challenges and urged developed countries such as the United States to give fair evaluation to China's IPR protection achievements instead of using IPR as an excuse to launch trade protection.

Recourse Under Indian Trademark Law When Someone Unlawfully Uses Your Bussiness #Trademark?

Your Trademark is your business identity with which consumers recognize and associate your business, it is your goodwill earned over time with your efforts , time and money invested. You will sooner or later come across unscrupulous elements trying to make quick profit by unauthorized use of your trademark for marketing their products, eating into your hard earned reputation and gains.

Indian Trade Marks Law provides legal remedy to protect the rights of bonafide owners of Trademarks. Two terms are significant here “infringement” and “passing off”. If you have registered your Trademark, then A Registered user of Trademark can prevent its misuse by initiating infringement action in court of law, whereas in case the Trademark is not Registered but it is a bonafide and honest adoption coupled with usage , legal remedy under Tort of Passing Off can be sought.

Following civil remedy/reliefs can be sought against Trademark #Infringement / #Passing Off :

Permanent and interim injunction against the Defendants and

Damages or

Account of profits, and

Delivery of the infringing goods for destruction.

One can also avail remedies under Criminal Law in case of false application of a Trademark and the use of false Trade Descriptions. The law provides for search and seizure of infringing articles and the offence is punishable with imprisonment and fine .

Trademark protection demands vigilance from businesses and if you believe a Trademark identical to your Trademark or a Trademark deceptively similar to that of your Trademark is being used without your permission, contact an experienced IP Attorney to take legal recourse against the culprit.

Copyright Concepts : Meaning Of Copyright And Works In Which Copyright Subsists Under Indian Copyright Law

Copyright subsists in India under following classes of works;

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recordings;

"literary work" includes computer programmes, tables and compilations including computer literary data bases.

"dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film.

"musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.

"artistic work" means-

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;

(ii) work of architecture; and

(iii) any other work of artistic craftsmanship

"cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and shall include video films.

Meaning of #Copyright :

"Copyright" means the exclusive right to do or authorise the doing of any of the following acts in respect of a work;

(a) In the case of a literary, dramatic or musical work:

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(b) In the case of a computer programme:

(i) All the Acts mentioned under “a” (for literary,dramatic or musical work) above, and

(ii) to sell or give on commercial rental , any copy of the computer programme, where the programme itself is essential object of the rental.

(c) In the case of an artistic work:

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified above in (i) to (iv).

(d) In the case of cinematograph film :

(i) to make a copy of the film, including a photograph of any image forming part thereof;

(ii) to sell or give on hire any copy of the film;

(iii) to communicate the film to the public;

(e) In the case of sound recording:

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire any copy of the sound recording;

(iii) to communicate the sound recording to the public.

(f) Copyright in any design capable of being registered under the Designs Law:

If not so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process.  

A timeline of cancer treatment breakthroughs

A history of discoveries that have brought us closer to curing cancer

1923

Radiotherapy first used to treat cervical cancer

1935

First link made between sun and skin cancer

1954

Proof of a link between smoking and lung cancer first published

1956

First chemotherapy drug, methotrexate, used to treat a rare tumor called choriocarcinoma

1963

Discovery of the first human cancer virus

1972

First drug for testicular cancer developed, now 95 per cent of men with it survive

1986

The first ‘monoclonal antibody’ or targeted therapy approved by the Federal Drug Administration (later examples include Herceptin for breast cancer and Avastin for colorectal, lung and othercancers)

1994-95

The first breast cancer genes BRAC-1 and BRAC-2 discovered

2008

The cervical cancer vaccine immunisation programme begins in the UK

2010

Trials show ‘flexi-scope’ screening could prevent a third of bowel cancers

2011

International Cancer Genome Consortium formed to map the genetic faults behind 50 types of cancer.

2013

Trial finds taking the drug anastrazole daily could halve the risk of breast cancer in high risk older women

2016

Scientists build nanoparticles that act as 'Trojan Horse' vessels that ferry chemotherapy drugs direct to cancers. Two breast cancer drugs are shown to shrink or eliminate tumours in 11 days. Professor Swanton's research shows how our own immune cells can be used to cure 'hopeless case' secondary or metastasised cancers

Source : telegraph.co.uk

The War Ends Between Cipla and Roche Relating To Anti Cancer Drug Elontinib Hydrochloride

Dispute relating to anti cancer drug Elontinib Hydrochloride , between Cipla and Roche (being one of the initial patent disputes post 2005 TRIPS compliance) , has been resolved as both the parties have reached “out of court” settlement.The two companies on May 30 2017, arrived at a settlement before the Delhi High Court to close the patent dispute between them over the said drug. 

The said drug Erlotinib Hydrochloride  sold by Roche under brand Tarceva cost around Rs 1.4 lakh for a month’s dosage,  used in treatment of non-small cell lung cancer (NSCLC), pancreatic cancer and several other types of cancer. A patent infringement case was filed by Roche against Cipla for selling another version of said drug  at one third of Roche's price. In 2015, The Delhi High Court  held Cipla guilty of infringing Roche’s patent . Cipla then approached Supreme Court challenging the said order and contended that Roche’s product Tarceva was subject matter of a rejected patent application in India and was therefore in public domain, for which it has been accused of infringement. 

In recent developments, Cipla has now acknowledged Roche's Patent rights over the said drug and has withdrawn the Special Leave Petition  filed in the Supreme Court against the said Delhi High Court Order,  resulting in both the parties ending litigation on the said drug. 

India And Japan Sign Biennial Intellectual Property Action Plan For 2017-2019

Indian Controller General of Patents, Designs & Trade Marks and Deputy Commissioner of Japan Patent Office signed the biennial action plan for 2017-2019 on 24 th May, 2017 at Mumbai on cooperation between the office of CGPDTM and Japan Patent Office under Memorandum of Cooperation on Industrial Property. The said biennial action plan aims at exchange of information on search and examination practices, organizing awareness in both countries to facilitate promotion, creation and commercialization of IP Assets besides training courses for newly recruited examiners, other officials, persons engaged in IP related matters in public organization, academic institutions, R & D Institutions, Startups, MSMEs, and newly registered patent agents, etc

Source : Govt. Notification 

Your Amazon Package Might Be Delivered By Air Drones In Future!

Imagine your online purchase being delivered by a drone at your doorstep!

E-Commerce giant Amazon has made this possible with successful demonstration in U.S regarding usefulness of Air Drones in fast and efficient delivery.

Amazon is seeking Patent for such technology in U.S , Canada and India under the title 'Propeller safety for automated aerial vehicles (AAV)'. 

Although obtaining the Patent hasn't been easy yet , since the United States Patent and Trademark Office (USPTO) has seriously objected to patent for this technology and such objections might have a bearing on the fate of Indian Patent Application. 

Source : thehindu.com

Now Your Face Will Be An Emoji on Facebook

According to a recent patent granted to Facebook, When a user enters a emoji in a comment or message thread, Facebook will identify an image of the user that corresponds to the selected emoji.Such as an image of the person smiling in exchange for a smiley emoticon. The system will then replace your generic emoji with the small photo of you.

Source

www.cnbc.com

Copyright Board To Be Dissolved

As per the Finance Bill 2017, Intellectual Appellate Board (IPAB) is to take over the functions of #Copyright Board. Current functional role of #IPAB covered Patent, Trademark and GI. The said Finance bill came with number of new legislations and faced severe criticism for not following the legislative procedure in India. 

One such important amendment was in respect of Copyright Act, whereby Copright Board shall be dissolved. Adjudication of Copyright Dispute fell under the functions of Copyright Board, which was not functional from quite some time and faced judicial challenges for appointing members with lack of legal expertise. 

Please share your views/suggestions/queries in the comment box. I can be reached at securingipr@gmail.com / adv.sdjha@gmail.com