Talwar and Talwar Consultants Newsletter Vol 5

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Talwar and Talwar Consultants Newsletter Vol 5

  1. 1. Know More about TT Consultants
  2. 2. NEWS INDIA NEWS CHINA NEWS JAPAN EDITORIAL HEADLINES INDIA  India ranked second in Global Innovation Efficiency Index  India Ranks Lowest Among BRICs in Innovation  Three more TN items win GI tag  Indian firm launches $125 MIPS-based Android 4.1 tablet  Final hearing commences in Sankalp’s appeal against Roche’s patent on pegylated interferon  India considers price controls for patented drugs  Ranbaxy Laboratories launches authorized generic Actos in US  Intellectual Property India Publishes Patent Application for Intelligent Function Installing Power Generation and Storage Package System Filed by GEM  Indian Patent Office introduces procedural changes in PCT National Phase Application filing process  Further delays in Novartis versus India patent law case  India TV wins case against Yash Raj Films HEADLINES CHINA  Apple pays $60M to settle iPad case  ASEAN – China Seek Closer Cooperation on Intellectual Property  KPMG Survey Predicts China’s Rise As an IT Innovator  Comments Sought for Draft Revision to Patent Law  A Test Case for Intellectual Property in China  Chinese Firm Offers To Invest In Advanced Battery Maker A123  China struggles to attract EUs R&D capital  China breaks patent barriers on drugs HEADLINES JAPAN  DiaGenic Gains On Breast Cancer Test Patent In Japan: Oslo Mover  Lorus Therapeutics Announces Issuance of Patent in Japan for Anticancer Drug LOR-253 and Antimicrobial Drug LOR-220  Japan Tobacco’s new branding in trouble as Australia bans cigarette logos  Hitachi Metals, Zumbox, Apple: Intellectual Property  inovia Awarded Patent Protection in Japan for European Validation Technology  StemCells, Inc. Broadens HuCNS-SC(R) Patent Portfolio With Key Patent in Japan  Lonza Group AG : Lonza Announces License Agreement with iPS Academia Japan  R&D Antibodies gets notice of allowance from Japan for key sepsis diagnostic patent TTC UPDATES© TT Consultants, 2012. All rights reserved – privileged and confidential
  3. 3. NEWS INDIA India ranked second in Global Innovation Efficiency Index India takes the second spot in the Global Innovation Efficiency Index, a metric to assess the innovation landscape in different countries. INSEAD and the World Intellectual Property Organization ( WIPO) published a report titled Stronger Innovation Linkages for Global Growth which benchmarks the performance of different countries in addressing the gaps in the innovation cycle by developing products and services for emerging markets. The report ranks 141 countries/economies on the basis of their innovation capabilities and results. Read More >> Go To Top >> India Ranks Lowest Among BRICs in Innovation Just a few weeks ago, global credit rating agency Standard and Poor’s (S&P) released a study titled, “Will India be the first BRIC fallen angel?” The report suggests that India may become the first “BRIC” country (Brazil, Russia, India and China) to lose its investment grade rating. While it remains to be seen if India can escape this ignominy, the country has earned another dubious distinction: It ranks the lowest among the BRIC nations on the Global Innovation Index 2012. Read More >> Go To Top >> Three more TN items win GI tag Thanjavur veena, Nachiarkoil villakku (lamp) and Pattamadai pai (mat) — unique products of Tamil Nadu — will shortly get the GI (Geographical Indication) tag from Intellectual Property Rights (IPR), Mumbai. IPR attorney in Chennai, Mr P. Sanjay Gandhi, told Deccan Chronicle that the expert committee of the IPR has accepted the uniqueness of the three products and the GI tag would be given to them within a couple of weeks. So far, 172 products have been given GI tags in India, including 18 products of Tamil Nadu like Kovai kora cotton sarees, Sirumalai hill banana and Swamimalai bronze icons. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  4. 4. NEWS INDIA Indian firm launches $125 MIPS-based Android 4.1 tablet An Indian firm has begun offering in India a media tablet featuring a MIPS-based processor and running the latest version of the Android operating system for about $125, according to a statement released Tuesday (July 31) by intellectual property licensor MIPS Technologies Inc. According to MIPS (Sunnyvale, Calif.) the tablet, offered by Karbonn Mobile India Private Ltd. is the lowest cost tablet on the market featuring Android 4.1, also known as "Jelly Bean." Read More >> Go To Top >> Final hearing commences in Sankalp’s appeal against Roche’s patent on pegylated interferon The final hearing of the appeal filed by Sankalp Rehabilitation Trust before the Intellectual Property Appellate Board, Chennai, challenging the decision of the Patent Controller rejecting its post-grant opposition, in which it had challenged the grant of a patent to F.Hoffmann-La Roche AG (Roche) covering pegylated interferon alfa-2a, commenced on 31 July 2012 before a Bench of the IPAB comprising J. Prabha Sridevan (Judicial Member) and Mr. D. P. S. Parmar (Technical Member, Patents). Apart from the significance of the outcome of this case on access to pegylated interferon, this case will also determine whether non-governmental organisations (NGOs) or community-based organisations can file a post-grant opposition or revocation petition challenging the grant of a patent in India. Read More >> Go To Top >> India considers price controls for patented drugs India is planning to rein in prices of expensive patented drugs to make medicines affordable to its predominantly poor population, a top government official said on Friday. The move is almost certain to draw the ire of global drug makers like Pfizer, GlaxoSmithKline and Merck, which spend billions of dollars researching new treatments and are hoping for huge growth for branded medicines in emerging economies such as India. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  5. 5. NEWS INDIA Ranbaxy Laboratories launches authorized generic Actos in US Ranbaxy Laboratories has launched authorized pioglitazone hydrochloride tablets, generic version of Takedas diabetes drug sold under the brand Actos in the US, a Ranbaxy release said. The Indian company shares 180-day marketing exclusivity with Mylan and Teva. Ranbaxy could rake in $208 million and $63 million in sales and profit respectively, according to Fortune Equity Brokers. Read More >> Go To Top >> Intellectual Property India Publishes Patent Application for Intelligent Function Installing Power Generation and Storage Package System Filed by GEM Intellectual Property India has published a patent application (1528/KOL/2011) filed by GEM Corp., Japan, on Dec. 7, 2011 for an intelligent function installing power generation and storage package system. The application for the patent - which was invented by Tsutomu Sada, Japan - was published on July 6 under journal no. 27/2012. According to the abstract released by the Intellectual Property India: "This invention propose Intelligent function installing Power generation and storage system and/or solar power generation and storage packaged panels and their installment of Power Station packaged generation and storage functions in a device and their installment of Signal UPS system device and this power equipment Station combined with various electric power generators. Read More >> Go To Top >> Indian Patent Office introduces procedural changes in PCT National Phase Application filing process A public notice issued by the Indian Patent Office on July 2, 2012 introduces certain procedural changes with regard to the handling of PCT national phase applications entering India. A copy of the circular can be downloaded here. The changes will mostly affect the work of the agent who is actually filing the PCT national phase application in India and who needs to complete the forms necessary for entering the national phase in India. Beyond that the circular emphasizes some practice regulations which already have become common practice at the Indian patent office during the last two years. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  6. 6. NEWS INDIA Further delays in Novartis versus India patent law case A final decision from the court case involving Novartis legal challenge against Indias patent laws has been postponed once again. The Indian Supreme Court case of Novartis versus the Government of India has been re-scheduled for September 11, although final arguments were supposed to start yesterday (August 22). The postponement is due to other pending cases which need to be heard. The eagerly-anticipated final hearing, which is expected to last a couple of months, has been put back several times. The Supreme Court was scheduled to start the final hearing of the case on March 28, a month later than originally expected, but final arguments were then re-scheduled for July 10. The dispute centres around Indias patent law, notably Section 3(d), which states that a modification of a known chemical composition is non-patentable. Novartis legal challenge stems from an attempt to obtain a patent on Gleevec/Glivec (imatinib mesylate), its drug for chronic myeloid leukaemia and other cancers, which was turned down by Indias Patent Office in 2006. Read More >> Go To Top >> India TV wins case against Yash Raj Films In an ongoing legal dispute between India TV and Yash Raj Films, the Division Bench of Delhi High Court consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh has delivered a breakthrough judgment in favor of India TV .The honourable court has yesterday held that small amounts of usage of songs in a programme by India TV does not amount to copyright infringement. The Delhi High court was dealing with a dispute involving India TV and Yashraj Films where the High Court has said that use of five words of the song ‘Kajrare’, “Mera Chen vain sab ujhda” in a promo for a consumer affairs program telecast on India TV and singing a portion of the song “Salaam Namaste” in a one hour programme “INDIA BEATS” of India TV by Vasundara Das whose life was being reviewed, amounts to Fair Use, as the same is DE MINIMIS i.e., very little usage compared to the whole programme. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  7. 7. NEWS CHINA Apple pays $60M to settle iPad case Apple has paid $60 million to settle a dispute in China over ownership of the iPad name, a court announced Monday, removing a potential obstacle to sales of the popular tablet computer in the key Chinese market. Apples dispute with Shenzhen Proview Technology highlighted the possible pitfalls for global companies in Chinas infant trademark system. It also posed a challenge for the communist government, which wants to attract technology investors to develop Chinas economy. Read More >> Go To Top >> ASEAN – China Seek Closer Cooperation on Intellectual Property The 3rd Meeting of the ASEAN-China Heads of Intellectual Property Offices today discussed the areas of cooperation under the ASEAN-China Work Programme 2012-2013. It also sought to foster dialogue on current developments on intellectual property (IP) in ASEAN and China. Held on 9-13 July 2012 in Singapore as part of the 38th Meeting of the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC), the meeting focused on a Database on Traditional Chinese Medicines (TCM) as an important area of cooperation. According to Dr. Li Yuguang, Deputy Commissioner, State Intellectual Property Office (SIPO), cooperation between ASEAN and China will likely involve training and capacity- building on the purpose, structure, and development of China’s TCM database, as well as on the methodology used in gathering data for the database. Read More >> Go To Top >> KPMG Survey Predicts China’s Rise As an IT Innovator The recently released KPMG 2012 Global Technology Innovation Survey of 668 geographically distributed technology business executives suggests that technology innovation may shift from Silicon Valley to another destination, with the most likely destination being China (44%), in the next four years. Regarding future disruptive technologies the report notes that “China and the United States will be at the forefront, with Cloud enabling both the next indispensable consumer technology and business transformation for enterprises. Mobile technologies will continue to build on Cloud, providing the tech breakthrough that will transform businesses.” Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  8. 8. NEWS CHINA Comments Sought for Draft Revision to Patent Law China’s State Intellectual Property Office (SIPO) released the “Draft Revision of the Patent Law of the People’s Republic of China (Draft for Comments) (hereinafter referred to as ‘Draft’)” on August 9, and is now seeking public comments. The Draft consists of revisions to seven provisions in the current Patent Law, which was most recently amended in 2008. The key revisions are as follows: Authority to investigate and collect evidence In order to resolve the difficulties in collecting evidence in patent infringement cases, the Draft grants the People’s Court the authority to investigate and collect evidence. Read More >> Go To Top >> A Test Case for Intellectual Property in China In the next few months, a series of lawsuits will play out in the Chinese courts that could define the risks foreign companies take when they try to make money in China’s booming markets. The U.S. green energy company AMSC is suing its former customer Sinovel Wind Group Co., China’s biggest wind turbine manufacturer, for breach of contract, copyright infringement, and theft of trade secrets. In total, AMSC, based in Devens, Mass., is asking for about US $1.2 billion in damages, making this the largest intellectual property case to date in China.
 AMSC appears to have strong evidence, including a full confession from an AMSC employee who said he sold trade secrets to Sinovel. Yet China has a reputation as a place where intellectual property laws are routinely flouted. So the legal outcome is uncertain—and is of great interest to foreign companies. 
 Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  9. 9. NEWS CHINA Chinese Firm Offers To Invest In Advanced Battery Maker A123 A123 Systems, a financially struggling maker of lithium iron phosphate batteries, is in talks with the Chinese auto parts maker Wanxiang Group about a deal in which the Chinese firm would invest up to $450 million in A123 in exchange for an 80% ownership stake. The deal is likely to be opposed by some U.S. lawmakers, one of whom notes that A123 built an advanced- tech-nology battery plant in Michigan with the help of $249 million in grants from the U.S. government. “It appears the Department of Energy and the Obama Administration have failed to secure sensitive taxpayer-funded intellectual property from being transferred to a foreign adversary,” says Rep. Clifford B. Stearns (R-Fla.). Read More >> Go To Top >> China struggles to attract EUs R&D capital Despite Chinas long-term encouragement of international companies to set up more research- and-development facilities in the country, European companies R&D investment in China remains low. The share of European Union companies R&D investment in China lags behind not only developed markets such as the United States and Canada, but also other emerging economies, such as India, said Dan Prudhomme, business manager of the Intellectual Property Rights Working Group at the European Chamber of Commerce in China. Read More >> Go To Top >> China breaks patent barriers on drugs In a move full of intriguing possibilities, China has changed its patent laws to allow domestic drug makers to manufacture patent protected drugs in case of state emergencies, unusual circumstances or in the interests of the public. According to the State Intellectual Property Office (SIPO) an amendment to Chinas patent laws became effective last month which allows drug makers to seek a compulsory license (CL) to make drugs which they couldnt otherwise make because their patent was held by another company. Such exemption would be granted in cases of state emergencies, unusual circumstances or in the interests of the public. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  10. 10. NEWS JAPAN DiaGenic Gains On Breast Cancer Test Patent In Japan: Oslo Mover DiaGenic ASA (DIAG), the Norwegian company developing tests to diagnose illnesses including Alzheimer’s disease, climbed the most in two weeks in Oslo after the company said it received a patent for its breast cancer test in Japan. Shares in the Oslo-based company gained as much as 25 percent, the most since July 19, and traded 18 percent higher at 3.60 kroner as of 11:05 a.m. in the Norwegian capital, making it the biggest winner on the Oslo Stock Exchange’s All-Share Index. (OSEAX) Read More >> Go To Top >> Lorus Therapeutics Announces Issuance of Patent in Japan for Anticancer Drug LOR-253 and Antimicrobial Drug LOR-220 Lorus Therapeutics Inc. (TSX:LOR) ("Lorus"), a biopharmaceutical company specializing in the discovery, research and development of pharmaceutical products and technologies for the management of cancer, today announced the issuance of Lorus patent for its lead small molecule anticancer drug LOR-253. The patent provides Lorus with exclusive rights to LOR-253 in Japan until 2023. The Japanese patent provides broad protection for LOR-253 composition of matter. This is Lorus first small molecule patent in Japan. Patents with similar protection for LOR-253 have also been issued in Canada, Australia, and China, and are pending in other major jurisdictions. Read More >> Go To Top >> Japan Tobacco’s new branding in trouble as Australia bans cigarette logos A worldwide precedent was set on Wednesday by Australia’s High Court as it upheld a decision to legally ban all brand logos and designs from cigarette packaging beginning this December. The hearing resulted in an outpouring of protests from big tobacco firms as they argued their intellectual property rights would be violated and their trademarks destroyed. This is bad news for Japan Tobacco, which just last week unveiled a rebranding of it flagship Mild Seven cigarettes under the new name of Mevius, complete with a uniform packaging design across all markets. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  11. 11. NEWS JAPAN Hitachi Metals, Zumbox, Apple: Intellectual Property Hitachi Metals Ltd. (5486), a Japanese maker of specialty metal products, filed a U.S. trade complaint against more than two dozen companies, seeking to block imports of competitors’ rare-earth magnets used in electronics, golf ball markers and power tools. The companies are infringing four patents related to the manufacture of sintered rare-earth magnets, Hitachi Metals said Aug. 17 in a complaint at the U.S. International Trade Commission in Washington. It’s asking the agency to block products that are using rare- earth metals from China, where 95 percent of all such materials are mined and processed. Read More >> Go To Top >> inovia Awarded Patent Protection in Japan for European Validation Technology inovia, the leading foreign filing platform provider, has been granted patent protection by the Japanese Patent Office for the technology behind its European patent validation service, which is offered through the inovia.com platform. Japan joins the patent offices of Australia, New Zealand, Singapore and South Africa who have already granted inovia patent protection for its powerful technology solution focused on automating the European patent validation process. inovia’s foreign filing platform has been recognized by the World Intellectual Property Organization (WIPO) as a notable invention, has a global network of agents in more than eighty countries, and has coordinated more than 20,000 foreign patent filings totaling more than $50 million to date. Read More >> Go To Top >> Stem Cells, Inc. Broadens HuCNS-SC(R) Patent Portfolio With Key Patent in Japan StemCells, Inc. (Nasdaq:STEM) today announced that the Japan Patent Office has granted to the Company Patent Number 5007003, titled "Enriched Central Nervous System Stem Cell and Progenitor Cell Populations, and Methods for Identifying, Isolating and Enriching for Such Populations." The patent broadly covers the prospective isolation and enrichment of neural stem and progenitor cells using antibody selection, as well as the use of these cells to treat disorders of the central nervous system. Some of the more noteworthy claims in the 003 patent include methods for isolating human neural stem cells, as well as compositions of matter comprising enriched neural stem cells, such as the Companys proprietary HuCNS-SC cells, and the use of enriched neural stem cells as a medicament for the treatment of neurodegenerative diseases, acute brain injury and dysfunction of the central nervous system. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  12. 12. NEWS JAPAN Lonza Group AG : Lonza Announces License Agreement with iPS Academia Japan Lonza adds to its market leading portfolio of cell therapy services and products, demonstrating its commitment to regenerative medicine. Lonza has entered a worldwide, non-exclusive licensing agreement with iPS Academia Japan, Inc. for its induced pluripotent stem cell (iPSC) patent portfolio. By entering this agreement, Lonza demonstrates its commitment to the field of regenerative medicine and reinforces its belief that iPSCs are a key platform technology for the cell therapy market. In 2007, Dr. Shinya Yamanaka and colleagues at Kyoto University became the first to successfully convert adult human cells to an embryonic stem cell-like state. This process, called cellular reprogramming, generated the worlds first human induced pluripotent stem cell line. Read More >> Go To Top >> R&D Antibodies gets notice of allowance from Japan for key sepsis diagnostic patent Research & Diagnostic Antibodies (R&D Antibodies), a biotechnology company that develops new monoclonal antibodies for diagnostic and therapeutic applications, has received a Notice of Allowance from the Japan Patent Office for its monoclonal antibody-based immunoassays and apparatuses for measuring inducible nitric oxide synthase (iNOS) as a plasma biomarker for the early detection of the sepsis pathology. Japanese Patent Application #2003-517204 covers very broadly the use of R&D Antibodies’ immunoassays, assay kits, and apparatuses for the detection of plasma iNOS as an early biomarker for the prognosis and diagnosis of the life-threatening sepsis pathology. The JPO’s Allowance extends R&D Antibodies’ existing patent portfolio in this field (USA #6531578-B1 and 7198904-B1; European #EP1012605 and EP1412471; Japan #4117911; and Australian #2001280912 and 782922). Additional patent applications are pending. Plasma iNOS is the foundation of R&D Antibodies’ sepsis prognosis and monitoring tests that reveal very early the onset of the sepsis pathology. To date R&D Antibodies has conducted three clinical studies involving more than 295 ICU patients to demonstrate the utility of this new plasma biomarker. Read More >> Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  13. 13. TTC Updates XLPAT- Patent Tracking Cloud Platform Keeping pace with the radical changes occurring in the arena of intellectual property, TT Consultants has introduced XLPAT-private cloud based patent monitoring software. Along with the cost- effective and comprehensive prior art search services, TTC now has a customized patent software. This competitive system brings Patent Searching, Patent Monitoring and PAIR tracking on one platform, where people related to IP industry can become members in form of clients, law firms and searching firms. XLPAT is a revolutionary platform that enables you to search patents, share, collaborate and set alerts for technologies that you may be watching. It is designed to cover the entire database of US and EU granted patents and applications. Alerts can be set up for updates in technology, specific patents or a customized search query. XLPAT has a feature for PAIR tracking that helps determine the current status of patent applications and also provides timely updates about the various office actions, date of first publication, claim amendments etc. The user receives email/account notifications for the same. The software aims to create a social IP network wherein a user can increase the scope of patent work by sharing it with searchers, lawyers, consultants etc. It provides for a better access to IP search firms via an online IP networking social community, where the user can also order a relevant prior art search, attorney review, pre-issuance submission etc. This innovative patent monitoring platform can help challenging a patent application at various stages before it is granted. To experience the highly advanced features of XLPAT, please visit www.xlpat.com for more details. Read More >> Go To Top >> TTC Adds Another Feather to its Cap! TT Consultants has further strengthened its USA presence, by bringing the Washington office into operation now. The company’s endeavor and vision has always been to serve its clients through their presence in multiple locations. The past 2 years have been a period of strong growth for the firm with encouragements in form of CNBC ICICI Best SME 2012 and increasing clientele. Under this office, the firm is focused to expand its presence across a wide array of its IP disciplines and mark its next step towards aggressive growth and expansion strategy. Over the past three years, TTC has grown from 40 to 90 employees, from 2 offices to 5 now and from 200 clients to 350 clients today. Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential
  14. 14. FIRM OVERVIEW TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing services in over 20 countries worldwide to more than 500 Companies, universities and research institutes with several offices in three countries i.e. Taiwan, US and India and strong client base in US, Canada, Europe, Japan, Singapore, South Korea, Taiwan and India, we strive towards providing our clients global and world-class services. We provide patent litigation support, patent prosecution support, licensing support, patent acquisition support, technology transfer consulting, patent portfolio management and other legal support services to leading patent law firms, companies, universities, research institutes and intellectual property owners. INDIA TAIWAN CHANDIGARH Office 8, Tower B, 3rd Floor, D.L.F, I.T US TAINAN Room 410, park Technology Transfer & Business Incubation Chandigarh (U.T)-160101 WASHINGTON D.C. Center, Mobile: +91-9815006413 1701 Pennsylvania Avenue, NW, National Cheng Kung University Washington DC. 20006 No. 1 University Road, Tainan City 701 GURGAON Unit number 252, 2nd floor ,Tower B2, Mobile: +1.347.284.6413 HSINCHU Spaze I-Tech Park, Sector 49, Sohna Toll Free: +1.888.337.5234 Si-Soft Research Center, 1A2, Li-Hsin 1st Road, Gurgaon-122002 Road, Mobile: +91-9876667711 Landline: +886-6-2368814 Mobile: +886-929693711 Email: talwar@ttconsultants.co.in Email: a.srivastava@ttconsultants.co.in Feedback/Suggestion We will be happy to know your feedback & suggestion on the same. Kindly send us an email with your feedback. Unsubscribe Note: - If you do not wish to receive this Newsletter in future, please click here, else just reply this mail with the word "Unsubscribe" in the subject of the mail. Disclaimer While every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that maybe required before acting on any matter. *COPYRIGHT NOTICE:-© 2012, India. All Rights reserved with TT Consultants Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential

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