Tuesday, February 10, 2009

Google to Psion- “netbook” is indeed a protected trademark

Psion was informing folks that they owned the trademark for the term “netbook” and that it should not be used generically. Psion subsequently stated that they were only going to go after those who were using the term “netbook” in ventures for profit.

It’s been quiet for a bit about this but today Psion let us know that Google has investigated the trademark claim and determined that “netbook” is indeed a protected trademark. Google does these investigations as they are impacted when they run ads on their network. The determination by Google that the term “netbook” is duly registered and protected has prompted them to inform their ad customers that the term can no longer be used in Google ads.

It will be interesting to see how Intel reacts as they are openly using the netbook term in their promotional material and in fact run a web site at that domain.

Source: jkOnTheRun

T-shirts cheap but fake, cops say

Yusdaniel Rodriguez, 29, who lives in West Chester Township and has an office in Mason, was arrested at a Monroe flea market with 473 suspected counterfeit designer T-shirts plus the one he wore in his mug shot.

Rodriguez is the latest in a series of vendors accused of selling illegal knockoffs of designer items. He was indicted today on three counts of trademark counterfeiting. Those are felony charges that could send him to prison for more than three years if he is convicted.

Parson said Rodriguez was selling T-shirts that he emblazoned with names of Ed Hardy, Affliction and Sinful. Those tattoo-inspired designers are popular with teens and young adults, despite retail prices that hover around $40 to $60.

But Rodriguez was selling knockoffs of those brands for $15 at the Trader’s World Flea Market off Interstate 75, Parson said.

Parson arrested Rodriguez there after an undercover agent, who works on behalf of trademark holders, bought two shirts for $15 each – one of which Rodriguez “made” on the spot at the customer/agent’s request.

Source: Cincinnati.com

India to partner EU to prevent bio-piracy

India through an Access Agreement with the European Patent Office, has established a mechanism to protect India's traditional medicinal knowledge from bio-piracy.

The maiden Indian effort in creating 'Traditional Knowledge Digital Library (TKDL) database would now be available to the Patent Examiners at European Patent Office (EPO having 34 member states) for establishing prior art, in case of patent applications based on Indian systems of medicine.

Minister of State for Health and Family Welfare, Panabaka Lakshmi while giving the details of the agreement said that India is committed to mainstream Ayush and NRHM has seen co-locations of Ayush facilities at all levels.

This first such agreement would provide cover against infringement of country's rich traditional medicinal heritage having huge economic potential, of the kind that was witnessed during the last decade, including grant of wrong patents on wound healing properties of turmeric (1995) at the United States Patent and Trade Mark Office (USPTO) and on anti-fungal properties of Neem granted at European Patent Office (EPO).

Artists urged to form copyright body

Uganda: ARTISTS and writers have been urged to form a collective management organisation to protect their copyrights.

The registrar of companies in charge of copyright, Juliet Nassuna, said this would enable artists and writers become more efficient and gain economically from their works.


Collective management is a system used in developed countries to manage copyrights.

Nassuna said collective management organisations play an important role in the dissemination of culture by making works of artists and authors available to the public.

“The rights owners become members of such organisations, which are responsible for giving licenses to users,” she said

Nasuna was speaking at a seminar on copyright and collective rights management at Hotel Triangle in Kampala on Wednesday.

Participants said copyright enforcers should check photocopying, which they said takes place without the authority of authors and publishers and poses a threat to the printing and publishing industry.

Source: New Vision

Patent Office Rejects Valganciclovir PreGrant Opposition

The Chennai Patent Office has dismissed the pre-grant opposition (download pre-grant opposition decision) made by the Tamil Nadu Networking People with HIV/AIDS and the Indian Network for People living with HIV/AIDS (collectively hereinafter referred as the ‘the NGOs’) against the Application No. 959/MAS/1995 claiming antiviral drug compound Valganciclovir. The Chennai Patent Office was hearing the Valganciclovir pre-grant opposition after been directed by the Chennai High Court (download Chennai HC Order) to consider and hear the pre-grant opposition made by the NGOs who earlier filed a petition against the Chennai Patent Office decision for denying opportunity for hearing under the Section 25 (1) of the Patents Act, 1970 before the issuance of Patent No. 207232 for Valganciclovir. However, Roche later challenged the Chennai High Court order in the Supreme Court of India. The Supreme Court modified the order to add that “while deciding the above application (959/MAS/1995), the Assistant Controller shall take into account the pre-grant opposition filed in this case (which is on record) by respondent nos. 1 and 2 (NGOs) herein.” Also adding “The third respondent (Assistant Controller of Patent & Designs) need not consider any other pre-grant objection pursuant to this judgment.

Source: patent circle

“Any object patentable if design is original”

Special Correspondent

CHENNAI: From patterns on saris to flower vases and from bottle shapes to pen caps, just about any article can be patented for design, provided they are original designs.

Increasing the number of such design patents will help encourage creativity and bring more investments to India, speakers on ‘Emerging IPR Themes,’ said here on Friday.

Delivering the Third R.M.Seshadri Memorial Lecture, organised by the Rajaji Centre for Public Affairs and Tamil Nadu Dr. Ambedkar Law University (TNDALU), Jaya Bhatnagar, partner in the law firm Anand and Anand, said amendments to Indian patent laws made it possible to patent all unique articles.

This expanded definition meant that while regulations protected existing designs, functional elements and minor modifications, all objects that could be made and sold separately could be patented for design.

As evidence, even drawings of conceptions could be used to register patents for a design, she said.

Frederick Kaplan, Consul and Public Affairs Officer, U.S. Consulate General, Chennai, said the U.S. was interested in investing in both products and research and development in India.

However, many companies were worried about the patent regime. Capital was a coward and unlikely to go where there were too many unsuitable conditions, he said.

Later, members of the audience asked the speakers about the protection of biodiversity and traditional knowledge from India (turmeric, basmati, yoga). Mr. Kaplan declined to answer the question, saying he did not have sufficient expertise in the subject.

Earlier S.Satchidanandam, Vice-Chancellor, TNDALU, delivered a special address on the Intellectual Property Rights (IPR) regime. K.M.Vishwanathan, Deputy Controller of Patents and Designs, Chennai Patent Office, detailed the procedures and legalities involved in IPR registration.

Source: http://www.hindu.com/2009/02/08/stories/2009020859720500.htm