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INTELLECTUAL PROPERTY
A BULLETIN
                      RIGHTS (IPR)
   FROM
  TIFAC

                                                                              VOL 10, NO. 4, April 2004


    Some operational aspects                              in the UK markets as “Spanish Champagne”. The UK
                                                          court ordered the Spanish company to drop the word
   of managing Geographical                               Champagne from the product. The judgment was
          Indications                                     given on December 16, 1960. The Spanish company
                                                          coined other GI called CAVA which has its own story
    The General Agreement on Trade Related Aspects        of success. Interestingly, Champagne did not get an
of Intellectual Property Rights (TRIPS) brought the       automatic protection in other countries including
protection of geographical indications (GI) to the        those in Europe. France had to sign bilateral treaties
forefront of IPR. Developing countries have seen a        and private agreements with many countries and
large potential in this form of IPR due to their being    industries to avoid unfair use of the appellation.
cradle of many old civilizations which have survived      These countries are UK, Spain, New Zealand, Japan
for centuries. New opportunities exist in India as we     and Australia. Champagne has also been treated as
now have a legislation in place for protecting GIs. The   trademark by some courts. There was a decision in
Indian system has been explained in the IPR Bulletin      a German court which did not allow the use of name
from time to time. We still do not have operational       Champagne even for non alcoholic drinks like mineral
experience of implementing the Act as the first           water.
application seeking GI in respect of Darjeeling tea
                                                              What has been done to define Champagne? Just
is pending with the Registrar of GI. There is a lot to
                                                          saying that a product has been known for a long time,
be understood from the experience of other countries
                                                          one cannot expect to obtain a GI. A great deal of
by the regulators, scientists, farmers, artisans,
                                                          home work needs to be done for convincing the
government officials and departments.
                                                          authority awarding GI. In case of Champagne following
French Practice                                           steps were taken to mark the geographical location:-

    France is the leader in providing GI protection to    1.   A region clearly defined is in the north east
wines produced in France especially Champagne.                 of France
One of the most important features of the French          2.   The wine growing area occupies about
system is that the champagne production is regulated           31,000ha.
through a government decree that lays down the wine
growing and wine making criteria which are necessarily    3.   Only three varieties are produced namely, pinot
to be met to benefit from the Champagne appellation.           noir, pinot meunier and charonnay.
What it really means is that certain quality standards    4.   It represents about 15000 growers and 200
and uniqueness basis have to be maintained to get              houses. ( The roles of growers and houses are
the benefits.                                                  clearly marked).
    As is commonly understood that a GI prohibits         5.   An annual sale of about 280 bottles in more
others from copying and falsifying your GI. Champagne          than 150 countries; the estimated sale is about
faced many cases where other wines started using               1.5 billion euro.
the name Champagne in spite of the fact that such
wines were not produced in the Champagne Region           Swiss System
of France. France won a case in the United Kingdom           Protection of GI and appellation of origin are
in 1950s when a wine made in Spain started appearing      covered under the Swiss law on Improvement of
                                                                                              Contd on...2
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                                                                                                             1
Contd from...1                               This aspect was introduced as an          bearing such an appellation had to
Some operational .............               amendment to the Australian Wine          be derived from grapes grown in
                                             & Brandy Corporation Act. The             the named state or country. Places
Agriculture and Preservation of Farming                                                which were not defined earlier, TTB
                                             Act established the GI Committee
Populations. The objective is to create                                                has established a new type of
                                             as the authority responsible for
a register for geographical names                                                      appellation known as American
                                             registering GIs and created the
designating agricultural products –                                                    Viticultural Area (AVA) which is a
                                             Register of Protected Names for
natural or processed (including spirits).                                              delimited grape growing area
                                             recording the names of protected
Products included are milk products,                                                   distinguished by geographical
                                             GIs. The regulations spell out a
meat including preserved meat,                                                         features. An AVA can be used as
                                             number of factors that must be
smoked products, fruits, vegetables                                                    a label if at least 85% of the wine
                                             taken into account in dealing with
and bakery products. Switzerland                                                       is made from grapes grown inside
                                             a GI application. These factors
did not have an effective system to                                                    that AVA. As AVA did not exist
                                             are history of the product, process
protect geographic names until the                                                     before 1978, TTB has laid down
                                             etc, geology, climate, harvest dates,
above law was put in place. Emmental                                                   criteria for establishing an AVA:-
                                             drainage, water availability, elevation
cheese, a product from Switzerland
                                             and traditional use of the area and
has been imitated widely and this                                                      1. Evidence that the name of the
                                             name. The Australian approach is
could not be stopped in the absence                                                       viticultural area is locally and/
                                             different from others in the sense
of a domestic law for protection of                                                       or nationally known as referring
                                             that it does not insist on quality or
GI.                                                                                       to the proposed area;
                                             characteristics of the product after
     The Swiss law requires a clear          a geographical area has been              2. Historical or current evidence
definition of the product and that           identified in respect of the product.        in support of the boundaries of
the method of obtaining the product          It is assumed that the concerned             the AVA;
should be described and the limit            product will have the desired quality     3. Evidence to the geographical
of the geographical area should be           if it comes from the specified               features, such as climate, soil
stated in a specification. All fabrication   geographical location. Take for              and topography, which
steps namely, production, processing         example the concept of region                distinguish the AVA from the
and preparation, must occur in the           associated with a wine. A region             surrounding areas; and
designated area. The task of                 is defined as a single tract of land
controlling the quality and uniqueness       that is discrete and homogenous           4. The specific boundaries of the
is entrusted to a certification body         in its grape growing attributes to a         area.
which exercises control during               degree that is measurable and usually          US wine appellation system
production, processing and                   produces at least 500 wine grape          only calls for indication of the origin
preparation of the product. This             vineyards of at least 5 hectares          of grapes used for making the wine
body in Switzerland is Accreditation         each that do not have any common          and do not imply any quality controls.
and Designation of Test Laboratories         ownership.                                It can be observed that none of the
and Body for Conformity Assessment.                                                    criteria for establishing an AVA
It has also been recognized that
                                             US Practice
                                                                                       refers to taste, character or quality
traditional methods for production                 A formal wine appellation system    of wine and there is no organoleptic
of such products may be more                 was adopted in the USA in 1978            aspect of the US appellation system.
costly. In order to compete effectively      and the agency implementing the           Further there is no attempt to control
against cheaper products – often             act is Alcohol and Tobacco Tax            grape varieties or viticultural practices
their own imitations, the market             and Trade Bureau (TTB). The multi-        through appellation system.
should be made aware of their                tiered frame work consists of various
origin, uniqueness and specificity.          types of appellations. Each                   India as compared to most of
The regulations also impose certain          appellation can be used as a label        the countries mentioned above has
transparent and fairer competition           if the prescribed percentage of grapes    a large number of items, which
rules.                                       from that area is used to make a          may qualify for GIs. India is not
                                             particular wine. (The concept of          limited by any one product like
Australian System                                                                      wine. It is observed that each country
                                             labeling has been continuing from
    The Australian system has been           1938. American wine producers             has evolved its own way to grant
developed around wines. Prior to             had the right to mention on their         GI or geographical appellation. Most
1993 Australia did not have any              labels geographic origin of the grapes    importantly, some countries don’t
law which recognized geographical            used for making the wine.) TTB            insist on defining the quality of
indications as a protectable property.       stipulates that 75% of the wine           these products. The fact that the
                                                                                                               Contd on...3
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2
Contd from...2                             studies on the inheritance of traits,      matrices, or gels, yielding typical
Some operational .............             or in the identification of individuals.   banding patterns, which constitutes
                                                                                      a DNA fingerprint of the organism’s
product has been grown in that                 The case study relates to method
                                                                                      genetic makeup.
area is a good enough reason for           for DNA fingerprinting and for
grant of a GI. The reason for this         detecting specific DNA markers in              Restriction Fragments: The
would be that a GI helps the producers     genomes          ranging       from        DNA molecules produced by
commercially in gaining a good             microorganisms to higher plants,           digestion with a restriction
brand value and therefore it would         animals and humans. The invention          endonuclease are referred to as
be in their interest to ensure that        also relates to synthetic DNA              restriction fragments. Any given
the quality of the product is maintained   molecules and products based               genome will be digested by a particular
or else the market preference will         thereon which are used in the              restriction endonuclease into a
change. In other words the                 methods of the invention in the            discrete set of restriction fragments.
responsibility of maintaining the          different fields of application. The       The DNA fragments that result from
quality is being left on the producers.    invention was patented in USPTO            restriction endonuclease cleavage
We have just started implementing          by Zabeau et al on April 4, 2000           are separated and detected by gel
the GI Act and ways will have to           (US Pat No. 6,045,994).                    electrophoresis.
be found out to implement the Act               DNA fingerprinting is carried              Restriction Fragment Length
for the benefit of those who have          out using different techniques of          Polymorphism (RFLP): The
continued to preserve and produce          which RFLP is most common. This            genomic DNA of two closely related
traditional products. It can also be       technique is time consuming and            organisms, for example, will exhibit
seen that the French model has             requires probe DNA sequence. The           differences in their nucleotide
not been followed by other countries.      use of PCR technique for fingerprinting    sequence composition at many
Therefore, while implementing the          is limited due to the requirement          sites. When these differences occur
GI Act, there is a need to be practical    of prior sequence information for          in the target site for a restriction
and reasonable otherwise the Act           designing of primers. The use of           endonuclease, the modified-target
will have very little meaning for the      random primers as in RAPD                  site will not be cleaved at that
beneficiaries. Extreme caution is          technique does not yield reproducible      point. Likewise, a nucleotide
to be exercised while laying down          fingerprint patterns. The present          sequence variation may introduce
requirements to be satisfied before        invention overcomes all the above          a novel target site where none exists
a GI is granted.                           mentioned problems and describes           in the other organism, causing the
                                           a much advanced DNA fingerprinting         DNA to be cut by the restriction
                                           method.                                    enzyme at that point. Alternatively,
                                                                                      insertions or deletions of nucleotides
        Case Study                         Definitions                                occurring in one organism between
                                               In the description, a number of        two target sites for a restriction
     An Advanced DNA                       scientific terms are used and in           endonuclease will modify the
  Fingerprinting Technology                order to provide a clear and consistent    distance between those target sites.
                                           understanding of the specification         Because of this, digestion of the
     DNA fingerprinting refers to the      and claims, the following terms            two organism’s DNA will produce
characterization of either similarities    are defined:                               restriction fragments having different
of one or more distinctive features
                                                RestrictionEndonuclease:These         lengths. A polymorphism in the
in the genetic make up or genome
                                           are enzymes which recognize short          length of restriction fragments
of an individual, a variety or race,
                                           nucleotide sequences, usually 4            produced by digestion of the DNA
or a species. The differences in
                                           to 8 bases in length and cleave the        of the two organisms will result.
DNA fingerprints are referred to as
                                           two DNA strands, thereby producing         The southern hybridization technique
DNA polymorphisms and the distinct
                                           fragments of DNA of discrete length.       is used for detecting polymorphisms
DNA fragments can be used as
                                           Because of their high degree of            in these restriction fragments using
DNA markers. DNA polymorphisms
                                           sequence specificity, restriction          specific probes.
can        be         used          as
genetic markers in much the same           endonucleases will cleave DNA                  Gel Electrophoresis: To detect
way as other genetic markers: in           molecules in a very specific fashion.      restriction fragments, analytical
parentage analysis, in genetic             The result is that a reproducible          method for fractioning double-
                                           set of DNA fragments will be produced.     stranded DNA molecules on the
                                           DNA fragments can be fractionated          basis of size is required. The most
                                           according to their length on porous                                Contd on...4
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                                                                                                                          3
Contd from...3                             polymerase chain reaction (PCR)        Description of Invention
Case Study .............                   be applicable to the detection
                                                                                       This invention comprises
                                           of restriction fragment polym -        methods for detecting RFPs,
commonly used technique for
                                           orphisms (RFPs) including length       synthetic oligonucleotides for use
achieving such fractionation is gel        polymorphisms.
electrophoresis.                                                                  in the methods of the invention,
                                        2. PCR amplification of restriction       kits comprising means for detecting
   Synthetic oligonucleotides:             fragments no matter whether            RFPs, and applications of the
These are single-stranded DNA              one knows the nucleotide               methods and procedures of the
molecules having preferably from                                                  invention for plant and animal
                                           sequence of the ends of the
almost 10 to almost 50 bases,                                                     breeding, diagnostics of genetically
                                           restriction fragments or not, can
which can be synthesized                                                          inherited diseases, identification
                                           be achieved according to the
chemically.                                                                       or organisms, and forensic typing,
                                           invention.
    Ligation: The enzymatic                                                       etc.The general method for
reaction catalyzed by the enzyme        3. The present invention defines          production and for identification of
                                           specifically designed primers          restriction fragments involves the
ligase in which two double-stranded
                                           and specific methods to direct         use of restriction endonucleases,
DNA molecules are covalently joined
together is referred to as ligation.       the PCR amplification reaction
                                           in such a way that a controlled
    Adaptors: These are short              amplification is possible and in
double-stranded DNA molecules,             a particular embodiment of the
with a limited number of base pairs,       invention, in such a way that
e.g. 10 to 30 base pairs long,             only a small subset of tagged
which are designed in such a way           restriction fragments is amplified.
that they can be ligated to the
ends of restriction fragments.          4. The present invention also provides
                                           specific PCR primers which
    Polymerase Chain Reaction
                                           comprise a constant nucleotide
(PCR): The enzymatic reaction in
                                           sequence part and a variable
which DNA fragments are
synthesized from a substrate DNA           sequence part. The selection
in vitro is referred to as PCR. The        of the tagged restriction fragments
reaction involves the use of two           is determined by the number of
synthetic oligonucleotides called          nucleotides residing in the variable
primers, which are complementary           sequence part of the primer:
to nucleotide sequences in DNA             the selectivity of the primers
molecules which are separated by           increases with the number of
a short distance of a few hundred          nucleotides in the variable
to a few thousand base pairs, and          (selected) sequence part.
the use of a thermostable DNA                                                     ligation of synthetic oligonucleotides
                                        5. The underlying principle of the        to the restriction fragments, and
polymerase. The simultaneous
                                           invention is that in each Amplified    PCR amplification of restriction
amplification of several different
                                           Restriction Fragment two               fragments.
fragments is referred to as multiplex
                                           nucleotide sequences are
PCR.                                                                                   The Figure 1 depicts the steps
                                           detected which are separated
                                                                                  of the method of the invention which
    DNA Amplification: The term            from each other by a given
                                                                                  is described herein. The restriction
DNA amplification is used to denote        distance. Each of the two              endonucleases cleave genomic DNA
the synthesis of double-stranded           nucleotide sequences is                molecules at specific sites, target
DNA molecules in vitro using               composed of two parts: (a) the         sites, thereby generating restriction
Polymerase Chain Reaction (PCR).           target site for the restriction        fragments. PCR amplification of
The products of the PCR reaction           endonuclease and (b) the               r e s t r i c t i o n
are referred to as amplified DNA           nucleotide sequence adjacent           fragments is carried out by first
fragments.                                 to the target site which is included   ligating synthetic oligonucl-
Present Invention                          in the selective primer.               eotides (adaptors) to the ends of
                                        6. The method of the invention            restriction fragments, thus providing
1. The invention relates more
                                                                                  each restriction fragment with two
   particularly to a process and           provides a far superior method
                                                                                  common tags which will serve as
   means which enable the                  for multiplex PCR.                                             Contd on...5
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4
Contd from...4                             synchronously in the PCR reaction.             The PCR products obtained in
Case Study .............                   In a preferred embodiment of the          accordance with the invention can
a anchor base for the primers used         invention applicable to genomic           be identified using standard
in PCR amplification. For each             DNAs of large sizes, a general            fractionation methods for separating
type of restriction fragment, specific     principle is used to limit the number     DNA molecules according to size
adaptors are used, which differ in         of restriction fragments which are        followed by staining of the DNA
one of the ends so as to allow the         to be amplified. This is done by          molecules with appropriate agents.
adaptor to be ligated to the restriction   preselecting a subset of tagged           Alternatively, the primers used for
fragment. Using the enzyme ligase          restriction fragments so that only        the PCR amplification can be tagged
the adaptors are ligated to the            a relatively small number of tagged       with a suitable radio-active labelled
mixture of restriction fragments.          restriction fragments will be amplified   or fluorescent chromophore thus
The adaptors can now serve as              during the PCR amplification reaction.    allowing the identification of the
templates for the primers used in               The present invention also           reaction products after size
the subsequent PCR amplification           provides specific PCR primers which       fractionation.The PCR products are
reaction. In one of the embodiments        comprise a constant nucleotide            denoted by the term Amplified
of the invention, the restriction          sequence part and a variable              Restriction Fragments (ARF).
fragment carries the same adaptor          sequence part. In the constant            Different sets of ARFs are obtained
at both of its ends and a single           sequence part the nucleotide              with each different selective primer
PCR primer can be used to amplify          sequence is designed so that the          in the PCR amplification reaction.
the restriction fragment. In another       primer will perfectly base pair with      The patterns of ARFs identified
embodiment using two different             the constant DNA sequence of              after separation constitute unique
restriction enzymes to cleave the          one of the DNA strands at the end         and perfectly reproducible fingerprints
DNA, two different adaptors are            of the restriction fragment. The          of the genomic DNA.
ligated to the ends of the restriction     variable sequence part comprises          Example
fragments. In this case two different      a randomly chosen nucleotide
PCR primers can be used to amplify                                                        The patent application explains
                                           sequence ranging from 1 to 10
such restriction fragments. This                                                     the working of the invention using
                                           bases chosen. It is the addition of
step reduces the complexity of                                                       six examples which were described
                                           these variable (selected) sequences
the starting mixture of restriction        to the ‘3 end of the primers which
fragments and constitutes an               will direct the preselection of tagged
enrichment step prior to the PCR           restriction fragments which will be
amplification, thereby reducing in         amplified in the PCR step. The
certain instances the background.          term selective bases is used to
     The genome sizes of organisms         denote the nucleotides in the variable
vary widely from a few million base        sequence part thus showing that
pairs in the case of microorganisms        the selection of these bases renders
to several billion base pairs for          the primer selective. It must be
animals and plants. Hence, the             realized that a tagged restriction
number of restriction fragments            fragment will only be amplified
obtained after cleaving genomic            when the selective bases of the
DNA molecules with a restriction           primers used recognize both
enzyme can vary from a few hundred         complementary sequences at the
to several million. Generally, the         ends of the fragment. When the
number of restriction fragments is         primer matches with only one
so large that it is not possible to        end, the amplification will be linear
identify individual restriction            rather than exponential, and the
fragments in genomic DNA digests           product will remain undetected.
fractionated by gel electrophoresis.       In a preferred embodiment, the
Such digests usually produce a             number of selective nucleotides
smear of bands. PCR amplification          is chosen so that the number of
of tagged restriction fragments thus       restriction fragments which will
also produce a smear of bands              be amplified is limited to 5 to
since all fragments co-amplify             200.
                                                                                                    Fig. (2)
                                                                                                               Contd on...6
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                                                                                                                         5
Contd from...5                             more AFLPs and the phenotype                   human, an animal, a plant and
Case Study .............                   exhibited by the specific genetic              a microorganism.
amplification of DNA of various            traits. The methods of the present
                                                                                     3.   A method for detecting
Lactuca species with two restriction       invention in essence overcomes
                                                                                          similarities between plant or
enzymes. In brief, the genomic             the limitations of multiplex PCR,
                                                                                          animal varieties, species,
DNA of various Lactuca species             because all the primers used in
                                                                                          cultivars, microorganisms, or
was isolated, digested with PstI           the present invention have a
                                                                                          for evaluating genetic diversity
and MseI restriction enzymes and           substantial part of their nucleotide
                                                                                          and characterizing such plant
compatible adaptors were ligated.          sequence in common.
                                                                                          or animal varieties, species,
The DNAs prepared were used as             Claims                                         cultivars, microorganisms
templates for AFLP reactions. Two
primer combinations were used                                                        4.   A process for amplification of
                                               The patent document contains
employing a single MseI-primer and                                                        at least one restriction fragment
                                           30 claims and several subclaims,
                                                                                          from a target DNA regardless
two different PstI-primers. The            the main ones being:
generated fragments were visualized                                                       of whether its nucleotide
                                           1.   Process for amplification of at           sequence is unknown isolating
on denaturing polyacrylamide gels.
                                                least one restriction fragment            at least one amplified or
The band patterns obtained are
                                                from a target DNA regardless              elongated DNA fragment;
shown in Figure 2.
                                                of whether its nucleotide                 (h) designing oligonucleotide
Applications                                    sequence is unknown, which                primers having a nucleotide
                                                process comprises:                        sequence according to the at
    The present invention provides
                                           (a) digesting said target DNA with             least one oligonucleotide primer
a general method for isolating DNA
                                               at least one specific restriction          of step (d) wherein the selected
markers from any genome and for
                                               endonuclease to fragment it                nucleotide sequence comprises
using such DNA markers in all
                                               into restriction fragments;                nucleotide residues which
possible applications of DNA                                                              correspond to the first 8-10
fingerprinting.                            (b) ligating to the restriction                nucleotide residues internally
    A particular application of the            fragments obtained from the                adjacent to the restriction sites
present invention involves the                 target DNA at least one double-            at both ends of said DNA
screening and identification of                stranded synthetic oligonucl-              fragment.
Restriction Fragment Polymorphisms             eotide adaptor having one end
                                               which is compatible to be ligated     5.   Process for the amplification
(RFP). the method of the present                                                          of at least one DNA fragment
invention constitutes a far superior           to one or both of the ends of
                                               the restriction fragments to               according to claim 11, which
method for detecting RFPs than                                                            process      comprises     an
the RFLP technique. According to               thereby produce tagged
                                               restriction fragments of the target        additional amplification step
the method of the present invention,                                                      of said DNA fragment in the
the analysis of ARF patterns can               DNA;
                                                                                          presence of oligonucleotide
be used to define the genetic linkage      (c) contacting said tagged                     primers designed according
of polymorphic ARFs with specific              restriction fragments under                to step (h) of claim 11.
genetic traits. Such polymorphic               hybridizing conditions with at
ARFs are also referred as Amplified            least one oligonucleotide primer;          The thirty claims were drafted
Fragment Length Polymorphisms                                                             to protect every possible feature
(AFLPs) and this term has become           (e) amplifying or elongating said              of the DNA fingerprinting
widely accepted.                               tagged restriction fragments               technique which included
                                               using said at least one                    besides those mentioned above
    Another application of the                 oligonucleotide primer in the              the length of the adaptor, the
present invention involves the                 presence of the required                   number of selective bases of
detection of AFLPs linked to specific          nucleotides      and    DNA                the primers, the use of genomic
genetic traits. The application involves       polymerase.                                DNA or complete organism
the analysis of ARF patterns of
                                           2.   A process as claimed in claim             as starting DNA and all possible
closely related individuals exhibiting
                                                1 wherein said target DNA is              utilities of the technique.
differences in the specific genetic
trait and the use of analysis                   genomic DNA from a biological
techniques that can find correlations           sample of an organism selected
between the inheritance of one or               from a group consisting of a

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6
Case Law                         (1) no alterations or omissions shall     Section 52(1)(j). Is the defendant
                                          be made without the consent of            guilty of violating copyright of the
Copyright of re-recorded copy?            the owner other than those which          plaintiff in the “version recording”
                                          are reasonably necessary for              of “chalo dildar chalo” ?
   An interesting case between
                                          adaptation of the work.
Super Cassette Industries (plaintiff)                                                   The defendant argued that the
and Bathla Cassette Industries Pvt.       (2) “version recording” shall not be      plaintiff having admitted that its
Ltd (defendant) was decided               sold in the packaging or with any         sound recording was covered under
in the Delhi High Court on                label which is likely to mislead or       Section 52(1)(j) of the Copyright
September 9, 2003 wherein the             confuse the public as to its identity.    Act, the same is not an original
court had to decide on the rights                                                   copyright work but a derivative and
of a party to make “version               (3) notice has been given to the
                                                                                    therefore cannot be subject matter
recordings”.                              owner of original work in the
                                                                                    of copyright. In other words, the
                                          prescribed manner along with copies
                                                                                    defendant’s case is that no licence
      In the present case law, the        of covers or labels with which the
                                                                                    has been granted by the original
plaintiff, Super Cassettes Industries,    sound recording are to be sold.
                                                                                    copyright owner and it is only a
is a producer and marketer of                                                       work produced by virtue of Section
pre-recorded audio cassettes and          (4) royalties in respect of sound
                                          recording has been paid to the            52(1)(j), which is not entitled to
other records which it sells under                                                  independent protection.
                                          original owner at the rate fixed by
the mark/logo T-series. The plaintiff
                                          the Copyright Board.
produced a compilation of old well                                                      The plaintiff on the other hand
known Hindi songs under the title            The above mentioned conditions         argued that it has, by its own
“Yadein” Vol I and Vol II. The            were introduced in 1995.                  labour, invested large amounts of
compilation was a “version recording”                                               money to encourage young singers.
i.e. re-recording of the original work.        The plaintiff had produced the       Thus, has used sufficient
The specific dispute in this case         song under the provisions of Section      independent skill and labour to
is over a song “chalo dildar chalo”       52 (1) (j) of the Copyright Act,          produce the musical work. The
from the Hindi film ‘Pakeezah’. In        1958 and had paid a sum of                record thus produced was a
this case the plaintiff has created       Rs 400/- to Mahal Pictures, the           substantially new arrangement and/
a “version recording” of this song        original owner of the musical work        or necessary adaptation of the
by engaging music conductors,             “chalo dildar chalo” for producing        existing work. Thus, the plaintiff is
musicians, singers to create original     10,000 records. The defendants            the owner of copyright in version
musical track of the existing musical     had offered to purchase similar           sound recording. Therefore, a specific
work. This act of sound recording         rights under Section 52 (1) (j) in        consent or licence should have
was carried out legally under the         respect of the tapes, Yadein Vol I        been sought by the defendant to
Section 52 (1) (j) of the Indian          & II produced by the plaintiff which      include the “version recording” of
Copyright Act.                            included the song “chalo dildar           “chalo dildar chalo” in the compilation.
                                          chalo” from the plaintiff and had
    Section 52 of the Indian Copyright    accordingly issued a cheque for               The court, after hearing
Act contains ‘fair use’ provisions        Rs. 1,000/- as 5% royalty prescribed      arguments of the parties, held
and the subsection 1, clause j,           by the Copyright Board for                that, as per Section 52(1)(j),
provides for a statutory license to       manufacturing 400 audio cassettes         the statutory licence to produce
a person desirous of making a             to be sold at Rs. 25/- per cassette.      “version recording” was available,
sound recording of an existing musical    The plaintiff has objected to the         provided the person producing
work by engaging independent artist       defendant’s use of its “version           such recording undertakes not
to create the same music and use          recording” of “chalo dildar chalo”.       to make any alterations to the
                                          It has therefore brought this case        work without the consent of the
identical lyrics provided the “version
                                          seeking an injunction restraining         owner other than those which
recording” is made after two years
                                          the defendant from copying its “version   are reasonably necessary for
of the original sound recording.
                                          recording” or re-recording of “chalo      adaptation of the work for the
    In addition, following conditions     dildar chalo”. The dispute centered       purpose of making the sound
laid down by Section 52(1)(j) of the      around the issue of whether there         recording. This is an essential
Copyright Act have to be satisfied.       can be an independent right in a          condition as laid down in Section
                                          “version recording” created under         52(1)(j), read with Rule 21 of
                                                                                                         Contd on...8
                                   Visit us at www.indianpatents.org.in
                                                                                                                         7
the Copyright Rules 1959. The                                                       infringement relating to their claim
court opined that Rule 21(2)(b) is             Litigation Watch                     on personalized email links sent
relevant and indeed significant            •    Indian generic drugmaker Dr         to users of online payment on 5
provision. It requires any person          Reddy’s Laboratories Ltd has             September 2002. The lawsuit has
who wishes to act under Section                                                     been dismissed after eBay
                                           withdrawn its challenge to the mainUS
52(1) to indicate clearly the alteration                                            completed its acquisition of PayPal
                                           patent on GlaxoSmithKline Plc’s
and omissions, if any, which are                                                    and agreed with Tumbleweed on a
                                           anti-nausea drug Zofran. The move
proposed to be made for the
                                           means that Dr Reddy’s will not           cross-licensing deal.
adaptation. Thus, the plaintiff's case
was contrary to its own pleadings.         attempt to launch a cheap generic        (Patent World, February 2004)
On the one hand it has sought to           version of the product in the United
                                           States until after the compound          •     Taiwan       Semiconductor
take shelter under “version recording”
                                           patent expires in July 2005. Zofran,     Manufacturing Co (TSMC) of Taiwan,
provisions laid down under Section
                                           which is widely used to treat cancer     its North American subsidiary and
52(1)(j) to avoid a claim of
infringement. On the other hand, it        patients undergoing chemotherapy,        WaterTech have filed a suit claiming
has argued that its “version recording”    had first-quarter sales of 180 million   that Semiconductor Manufacturing
was a substantially new arrangement.       pounds ($317 million), of which          International Corporation (SMIC)
The court was of the view that a           132 million was sold in the United       of China and SMIC Americas infringed
substantial new arrangement cannot         States.                                  a number of patents and
fall within such alterations/omissions                                              misappropriated trade secrets from
which are necessary for adaptation.                  (Reuters, 29 April, 04)        the companies. The complaint asks
In other words a substantial new           •     Bayer has sued Indian generic      for injunctive relief and monetary
arrangement cannot be created              drugmaker to protect its patent on       damages.
without the original owner’s consent.      a key antibiotic expected to generate    (Patent World, February 2004)
                                           one billion euros ($1.2 billion) in
    The court went on to hold that                                                  •     The Nizza group filed
                                           annual sales. Bayer’s legal move
the plaintiff’s product is a colourable                                             infringement lawsuits against two
                                           came after India’s Dr Reddy’s
imitation of the original musical                                                   domain name companies, Network
                                           Laboratories filed an application
soundtrack with some minor and                                                      Solutions and Register.Com, for
insignificant variations. This cannot      with US regulators for permission
                                           to sell a generic copy of antibiotic     infringing their patent entitled “a
be termed as a substantial new
                                           Avelox. Bayer said it had sued Dr        method and system of assigning
arrangement. The court dismissed
                                           Reddy’s for infringing its patents       identical URL and email addresses
the plaintiff’s application seeking
                                           on Avelox and would defend its           to members of a group”. Nizza
an interim injunction holding that
prima facie there is no merit in the       franchise strongly. Reddy’s              was granted the US patent only a
application. The court was of the          application was a “paragraph IV”         week before it filed the lawsuit
view that since the plaintiff himself      filing, which is used when a generic     seeking damages and an injunction
did not have any rights in the law,        manufacturer claims it is not            against the two companies.
in what is averred to be his               infringing a drug patent or that the     (Patent World, February 2004)
substantially new product, he cannot       patent is invalid. This would allow
be heard to protest when such a            the generic drugmaker to start
                                                                                    •     Japan’s Sony Corp filed
modus operandi is sought to be                                                      infringement suit against Eastman
                                           producing its own generic version
applied to him by the defendant.                                                    Kodak Co in the US for digital
                                           of the drug within the patent period.
                                                                                    camera related ten patents. The
                                           The first generic company to file
    The above decision had a mixed                                                  move follows a suit filed by Eastman
                                           for marketing approval under
reaction from right holders and IP                                                  Kodak a month ago against Sony
practitioners regarding the                paragraph IV could win a 180-day
                                                                                    for infringing its ten patents related
interpretation of Section 52(1)(j)         period of marketing exclusivity for
                                                                                    to digital photography. Sony said
by the court. An appeal has been           its version.
                                                                                    its action was not a counter-suit
filed by the plaintiff and is waiting            (Gulf News, 30 March,04)           and involved different patents than
for hearing in the court.
                                           •   The software company                 the suit filed by Kodak.
                                           Tumbleweed had filed a lawsuit           (The Economic Times, 2 April, 04)
                                           against PayPal and eBay for
                                                                                                           Contd on...9
                                   Visit us at www.indianpatents.org.in
8
Contd from...8                               •     Frank Zappa’s family has settled       Domestic News
Litigation Watch .............               its copyright dispute with Quebec
• Ranbaxy Pharmaceuticals Inc,               furniture and appliance retailer,        n Hordes of Indian pharmaceutical
Florida, a wholly owned subsidiary           ‘Ameublements Tanguay’ after the         companies are either leaping into
of Ranbaxy Laboratories has won              Federal court of Canada announced        herbal drugs or planning to do so.
a patent infringement suit brought           the judgment that the Quebec retailer
                                                                                      With product patent recognition
against it by GlaxoSmithKline relating       had infringed Mr. Zappa’s copyrights
                                             and moral rights. The dispute has        coming into force from 2005 in
to Ranbaxy’s Cefuroxime Axetil
                                             been going on for nine years, and        India, Indian companies are focusing
product, a generic version of
                                             relates to Ameublements usage            on herbal drugs. Nicholas Piramal,
GlaxoSmithKline’s antibiotic ceftin.
GlaxoSmithKline filed the suit in            of Mr. Zappa’s song “Watermelon          Cipla, Elder Pharma, RPG Life
the US district court of New Jersey          in Easter Hay” as background music       Sciences, Ranbaxy Laboratories,
in October 2000, and the court               in two television commercials aired      Lupin Labs and Alkem Labs are
granted a preliminary injunction to          in 1995.                                 entering this segment. The herbal
Ranbaxy from marketing its generic               (Copyright World, March 2004)        medicine market is primarily
version. In 2001, however, Ranbaxy                                                    dominated by Himalaya, Dabur,
commercially launched its product            •     The British Phonographic
                                             Industry (BPI) has agreed an out         Charak Pharmaceuticals and a large
after the United States Court of
                                             of court settlement with another         number of smaller regional
Appeals vacated the preliminary
injunction. After a full trial, the          internet retailer Play.com. BPI          companies.
                                             launched legal proceedings late
district court determined that                                                         (Business Standard, 29 March, 04)
                                             last year after it discovered that
Ranbaxy’s product does not infringe
GlazoSmithKlines’ patents and                the online retailer was sourcing         n The controversy over the song
                                             products from outside Europe to          Noor-ala-noor of M.F. Hussain’s
Ranbaxy is not required to pay any
                                             sell in the UK. The products had
damages.                                                                              latest film Meenaxi-a Tale of Three
                                             been cleared for sale outside Europe,
    (The Telegraph, 9 April,2004)            but by selling them in the UK, the       Cities has boosted the pirated CD
                                             BPI argued that Play.com. was            market with the demand going beyond
•     Japanese technology giant
Fijitsu Ltd has filed a lawsuit against      guilty of parallel importing. Play.com   the expectations of pirated CD
South Korea’s Samsung SPI Co,                has agreed that in future it will only   producers. Pirated versions of
alleging patent infringement on basic        sell CDs purchased in Europe.            Meenaxi are supposed to be doing
technologies for plasma display                  (Copyright World, March 2004)        great business in Chandni Chowk
panels. In a lawsuit filed in Tokyo                                                   of Kolkata.
against Samsung’s Japanese unit              •    The SCO group has filed a
                                             suit against AutoZone for alleged              (The Statesman, 23 April, 04)
marketing panels manufactured by
Samsung SDI, Fijitsu was seeking             violation of copyright infringement,
                                             in the US district court in Nevada.      n The Indian Institute of Chemical
a provisional injunction against the
                                             SCO alleged that AutoZone violated       Technology (IICT) has filed 62 patents
import and sale of these products
                                             SCO’s UNIX copyrights by running         during the financial year 2003-04
in Japan. In a lawsuit filed in California
against Samsung SDI, and US import           versions of the Linux operating system   of which 44 are overseas patents.
                                             that contain code, structure,
and sales unit Samsung Electronics                                                            (Business line, 5 April, 04)
America Inc, Fijitsu was seeking an          sequence and/or organization from
injunction against import and sale of        SCO’s proprietary UNIX System V          n The Enforcement Branch (EB)
                                             code. It is seeking injunctive relief    of Kolkata police seized more than
those products as well as damages
for patent infringement. In the suit         to stop further use of copying of
                                                                                      one lakh fake school textbooks of
filed in the United States, Fijitsu          the software and damages.
                                                                                      the West Bengal Board of Secondary
claims Samsung SDI infringed 10                  (Copyright World, March 2004)        Education, worth over Rs.30 lakh.
patents including technology relating
                                             •    Fabian Toader claims to have        The forged textbooks differed from
to the displays’ colours and the
                                             written the computer code in 2000        the originals in paper quality, cover
Japanese suit is related to technology
                                             while working as a free lancer for       page color and lack of corrigenda.
to make panels brighter.
                                             Kazaa and is seeking $25 million
(The Economic Times, 8 April, 04)            in compensation from Sherman                (The Telegraph, 30 March, 04)
                                                                Contd on...16                               Contd on...10
                                     Visit us at www.indianpatents.org.in
                                                                                                                         9
Patents for Opposition                                                Contd from...9
The following patent applications have been accepted by the Patent                     Domestic News .............
Office and published in the Gazette of India. These can now be opposed                 n National Council of Educational
by filing opposition applications within a period of four months from the              Research and Training (NCERT)
dates given. Six digit numbers allotted after acceptance by the Patent                 has taken action to tackle its
Office are given before the applicant names and patent application                     textbook piracy. The books will
numbers given in brackets. Names of the branches of the Patent office                  now find an inclusion of a special
are denoted in the application number, e.g. ‘Bom’ for Bombay branch.                   water mark of the NCERT logo on
An opposition application should be submitted at the appropriate office                each page. NCERT sells close to
where the concerned application was originally filed.
                                                                                       six crore books each year.

                                                                                               (The Tribune, 21 April, 04)
PATENT APPLICANTS                                      INVENTION
A. March 6, 2004                                                                       n A study by the US based National
                                          A process for preparation of a
                                                                                       Bureau of Economic Research
192177.    Defence  Research     And
Development Organisation Ministry Of      radioprotective herbal formulation from      (NBER), a private non-profit research
Defence Government Of India New Delhi     podophyllum hexandrum                        organization, suggests a significant
(253/Del/01)
                                                                                       price rise of patented drugs post-
192178. Ranbaxy Laboratories Ltd, New     Process for the preparation of amorphous
                                                                                       2005. The prices of cheaper off-
Delhi (830/Del/01)                        form of torasemide
                                                                                       patent drugs in the same class
192179. Ranbaxy Laboratories Ltd, New     Process for the purification of cilastatin
                                                                                       are also suspected to increase.
Delhi (879/Del/01)
                                                                                       The study cites the example of
192180. Ranbaxy Laboratories Ltd, New     An improved process for preparation of
Delhi (1002/Del/01)                       metformin extended release tablets           ciprofloxacin where 200-750% price
                                                                                       inflation is predicted.
B. March 13, 2004

192181.     Medtronic     Inc,     USA    A packaging apparatus                         (The Economic Times, 20 April, 04)
(1116/Del/95)
                                          Switch having a bride member
                                                                                       n Pirated VCDs have been seized
192182. TRW Automotive Electronics
Components Gmbh Co Kg, Germany                                                         for recently released Hindi block
(1653/Del/95)                                                                          busters, porn movies and Tamil
192183. Sulzer Chemtech Ag, Switzerland   Liquid distributor for columns               films by Mumbai, Delhi and Chennai
(1656/Del/95)                                                                          police.
192184. Shell Internationale Research     A process for preparing 1 3 alkanediols
Maatschappij B V, The Netherlands                                                      (New Indian Express, 9 April, 04)
(1730/Del/95)
                                                                                       n Nicholas Piramal India’s request
192185. Becton Dickinson And Company      Device for adjusting the length of a
1 Becton Drive Frnklin Lakes New Jersey   combined spinal epidural needle and method
                                                                                       for grant of exclusive marketing
07417 1880 USA (1759/Del/95)              thereof                                      rights (EMR) to Aablaquin has been
192186. The Gillette Company, USA         Razor handle                                 questioned as it has not received
(1842/Del/95)                                                                          the approval of Drug Controller
192187. Usinor, Germany (1890/Del/95)     A device for shaping thin metal products     General of India. Aablaquin, an
                                          and a method for continuously determining    anti-malaria drug, is a major R&D
                                          the gap between two rolls
                                                                                       product of CSIR which has an
192188. Ranbaxy Laboratories Ltd, New     Process for the preparation of a
                                                                                       exclusive agreement with Nicholas
Delhi (596/Del/2000)                      bioavailable dosage form of isotretinoin
                                                                                       Piramal for marketing the drug
192189. Showa Denko K K, Japan            A process for fluorinating a halogenated
(208/Del/02)                              hydrocarbon
                                                                                       Nicholas Piramal is still to answer
                                                                                       the Controller’s directive pertaining
192190. CSIR, Delhi (233/Del/02)          A process for the preparation of clarified
                                          papaya juice concentrate                     to the novelty aspect of Aablaquin.
                                                                                       (The Economic Times, 17 April, 04)
192191. Autonomous Technologies           A laser beam delivery and tracking
Corporation, USA (625/Del/95)             apparatus                                                         Contd on...11
                                   Visit us at www.indianpatents.org.in
10
192192. Subroto Ghosh, New Delhi                 An abrasive wheel                               Contd from...10
(1085/Del/95)
                                                                                                 Domestic News .............
192193. Standipack Private Limited, New          A pouch for packaging of mineral oils
Delhi (1086/Del/95)                              such as kerosene oil
                                                                                                 n The Federation of Indian
                                                                                                 Chambers of Commerce and
192194. The Chief Controller Research            A process for the preparation of ready
Development Ministry Of Defence                  to use engine coolants                          Industry’s (FICCI) body to fight
Government Of India New Delhi                                                                    piracy and counterfeiting, NIPAC
(1296/Del/95)
                                                                                                 (National Initiative Against Piracy
192195.      Sbl      Limited,          India    Leak proof insert                               and Counterfeiting) has joined hands
(1558/Del/95)
                                                                                                 with the US Chamber of Commerce.
192196. Filter Werk Mann Hummel Gmbh,            A fluid filter cartridge
                                                                                                 FICCI and the US Chamber of
Germany (1705/Del/95)
                                                                                                 Commerce will share analyses of
192197. EVC Technology Ag, Switzerland           A method of producing 1 2 dichloroethane
(1819/Del/95)                                    edc by oxychlorination of ethylene              legislation, regulations and other
192198. E Khashoggi Industries Llc, USA          A method for manufacturing an article
                                                                                                 measures taken or proposed to
(1823/Del/95)                                    having a fibre reinforced starch bound          combat piracy and counterfeiting
                                                 cellular matrix                                 in each country. They have also
192199. Totem       Co     Ltd,        Russia    Apparatus for charging shaft furnaces           agreed to share critical and relevant
(1862/Del/95)
                                                                                                 information, and organize joint public
192200. The Gillette Company, USA                A skin engaging device for use in a wet
                                                                                                 education programmes. It has also
(1986/Del/95)                                    shaving system
                                                                                                 been proposed that a joint conference
192201. Ausimont      S    P      A,     Italy   A process for obtaining fluoroelastomers
(1825/Cal/96)                                    having improved thermal resistance at
                                                                                                 with representatives of industry,
                                                 high temperature                                law enforcement, the courts and
192202. Showa Denko K K, Japan                   Process for producing flat heat exchange        national and state legislatures be
(2248/Cal/96)                                    tubes                                           organized.
192203. Siemens Aktiengesellschaft,              Protection assembly for distribution frame
Germany (541/Cal/97)                             in a telecommunication system                     (Financial Express, 26 April, 04)

192204. Navin Prakash Malhotra, W est            Razor blade assembly
Bengal (651/Cal/97)                                                                               International News
192205. Aluminium Pechiney, France               A process for the production of alumina
(1096/Cal/97)                                    by electrolysis                                 n There is a proposal in US for
                                                                                                 all copyrighted material to carry a
192206. Engelhard Corporation, USA               An improved process for preparing an
(1286/Cal/97)                                    azo pigment                                     Federal Bureau of Investigation “Anti-
192207. Siemens Aktiengesellschaft,              Portable data transmission device for           Piracy” seal and a warning text
Germany (1297/Cal/97)                            contact fre transmission of electrical signal   informing that copyright infringement
                                                 or data to a read write station
                                                                                                 is “a serious crime with serious
192208. York International Corporation,          A refrigerant recovery system and a             consequences”. The FBI warning
USA (585/Cal/98)                                 method for recovering refrigerant in a
                                                 refrigeration system                            on music [films, softwares etc] is
                                                                                                 intended to make the consumers
192209. Matsushita Electric Industrial Co        An image predictive decoding method
Ltd, Japan (596/Cal/98)                                                                          learn the do’s and dont's of copying
192210. Ethicon Inc, USA       (1030/Cal/98)     A method for producing a sterilized article     and uploading to the internet.
C. March 20, 2004                                                                                       (Copyright World, March 2004)
192211. LG Electronics Inc, Republic Of          Packaging holder device for positioning         n Radio broadcaster GWR in UK
Korea (2020/Cal/96)                              and protecting a glass tray and rotating
                                                 ring within a cavity of a microwave oven        is launching a service called “Hear
192212. Seb S A, France (2196/Cal/96)            A lid with knob
                                                                                                 it, Buy it, Burn it” wherein the
                                                                                                 listeners can purchase the tracks
192213. Siemens Aktiengesellschaft,              Bobbin store for textile fibre production
Germany (629/Cal/97)                             plants                                          played in the radio. Users will need
192214. Fujitsu General Ltd, Japan               An air conditioner and control method
                                                                                                 to tune in to their local GWR station
(779/Cal/97)                                     for the same                                                            Contd on...12
                                         Visit us at www.indianpatents.org.in
                                                                                                                                  11
192215. Eaton Corp, USA (905/Cal/97)          A shifting system for a transmission          Contd from...11
192216. Cytec Technology Corp, USA            A collector composition for flotation of      International News ......
(1049/Cal/97)                                 active sphalerite                             via a digital set or the internet and
192217. Commscope            Inc,      USA    Coaxial cable and method of making same       register for the service. They will
(1755/Cal/97)
                                              A process for producing baintic rail steel
                                                                                            then be able to download a CD
192218. Steel Authority Of India Ltd, New     of improved quality                           quality copy of the track by clicking
Delhi (2337/Cal/97)                                                                         a buy button. The music can be
                                              Antitheft apparatus for motorcycle
192219. Yamaha Hatsudoki Kabushiki                                                          saved to a computer hard drive,
Kaisha, Shingai (1846/Cal/98)
                                              Process for preparing a pharmaceutical        burned onto a CD or transferred to
192220. American Home Products Corp,          composition                                   a MP3 player.
USA (419/Cal/01)
                                              Digital transmission system having a
                                              transmitter and a receiver for transmitting
                                                                                               (Copyright World, March 2004)
192221. Philips Electronics Nv, The
Netherlands (217/Cal/95)                      a wide band digital auto signal
                                                                                            n The Japanese Patent Office
                                              Digital transmission system having a          has made changes in its fee
192222. Philips Electronics Nv, The           transmitter and a receiver for transmitting
Netherlands (218/Cal/95)                      a wide band digital audio signal              structure resulting in an overall
                                                                                            reduction of 20%. Though the
                                              An apparatus and a process for producing
192223. E I Du Pont De Nemours & Co,          ethylene dichloride                           cost     for    requesting    an
USA (2172/Cal/96)
                                              Process for smelting        reduction   of
                                                                                            examination is doubled, the cost
192224. Kawasaki Steel Corp, Japan            chromium ore                                  of maintaining the application
(291/Cal/97)                                                                                for the first few years has been
                                              An evaporator of a refrigerator
192225. Daewoo Electronics Corp, Korea                                                      dropped upto 80%. The changes
(615/Cal/97)
                                              Battery separator                             will apply to any patent filed
192226. Amtek Research In International                                                     after 1 April 2004.
Llc, USA (770/Cal/97)
                                              Toothbrush with a replaceable brush
                                                                                             (Patent World, February 2004)
192227. Coronet Werke Gmbh, Germany           section
(1179/Cal/97)
                                                                                            n The WIPO-PCT reforms have
192228. Vacuumschmelze Gmbh, Germany          Method and apparatus for the production       come into effect from 1 January
(1500/Cal/97)                                 of an inductive component
                                                                                            2004. The international filing fee
192229. Eaton Corp, USA (1051/Cal/97)         An improved rotary fluid pressure device
                                                                                            does not have a designation
192230. Emami Ltd, Calcutta (87/Cal/01)       Process for preparing cream for enhancing     component as all countries are
                                              complexion
                                                                                            designated for all types of protection.
192231. International Business Machines       A thin film low profile write head            The PCT will also offer an enhanced
Corp, USA (718/Mas/95)
                                                                                            search and examination system
192232. Switched Reluctance Drives Ltd,       A controller for an electric machine
                                                                                            to check compliance with main
England (782/Mas/95)
                                                                                            patentibility criteria.
192233. Abb Schweiz Holding Ag,               A method of producing a varistor having
Switzerland (804/Mas/95)                      a mixture of a mixed metal oxide powder           (Patent World, February 2004)
                                              and zno powder

192234. Inmarsat          Ltd,      England   Apparatus for use in a satellite
                                                                                            n Spain jurisdiction has begun
(894/Mas/95)                                  communications earth station using tdma       accepting electronic patent filings
                                              channels                                      via epoline. Finland and France
192235. Mitsubishi Jukogyo Babushiki          A wet flue gas desulfurization process        are already using the system
Kaisha, Japan (969/Mas/95)                    and an apparatus thereof
                                                                                            and Germany and the United
192236. Mobile      Oil      Corp,     USA    A process for the production of low           Kingdom are also joining soon.
(1063/Mas/95)                                 sulfur containing gasoline of high octane
                                              number
                                                                                            Epoline is making good progress
192237. Institut Francais Du Petrole,                                                       since 1998 when the electronic
France (1071/Mas/97)                          A catalyst composition for converting
                                              ethylene to light alpha olefins               filing system first took shape.
192238. Sms       Schloemann  Siemag
Aktiengesellschaft Eduard Schloemann          An apparatus for heat treatment of steel         (Patent World, February 2004)
                                              wire
                                                                                                                   Contd on...13
                                       Visit us at www.indianpatents.org.in
12
Strasse, Republic Of Germany (1273/Mas/        An adhesive sheet material suitable for        Contd from...12
95)                                            use on wet surfaces                            International News ......
192239.    Minnesota   Mining  And
Manufacturing Co, USA (1275/Mas/95)
                                               A polymer mixture
                                                                                              n The WIPO details on international
                                                                                              patents filed via PCT for the year
192240. Dow Global Technologies Inc,           A device for measuring the density of
Michigan (1305/Mas/95)                         liquefied petroleum gases                      2003 showed 110,000 applications
192241. Lpg Equipment Research Centre,         A transportable storage stable peroxide        with 35% being accounted by the
Bangalore (710/Mas/95)                         composition                                    US alone. The companies that filed
192242. Akzo Nobel Nv Velperweg, The           A process for separating undesired             the most patent applications came
Netherlands (940/Mas/95)                       components from a butyne diol solution         from Germany (Siemens, Bosch,
192243. S K Corp, Republic Of Korea            An extrusion die assembly                      Infineon and BASF), Japan
(1039/Mas/95)
                                                                                              (Matsushita and Sony) and the US
192244. Societe Des Produits Nestle,           A pre fabricated double skin panel
                                                                                              (3M and Intel)
Switzerland (1203/Mas/95)
192245. Corus      Uk    Ltd,     England      Glass gob shearing apparatus                          (Patent World, March 2004)
(1318/Mas/95)
                                                                                              n Handy Lab Inc, a US company,
192246. Owens            Brockwayglass         A coffee making machine
Container Inc, USA          (1320/Mas/                                                        has developed a prototype for a
95)
                                               Width stretching unit                          device to confirm the presence of
192247. Tribhuvansimh Amritlal Rathode,                                                       infection in fluid samples within 45
Chennai (1326/Mas/95)                                                                         minutes of testing. The device called
                                               A process for the polymerization of
192248. Kusters Zittauer Maschinenfabrik       ethylene with propylene                        lab-on-a-chip is a use and throw
Gmbh,Germany (1346/Mas/95)
                                               A slide fastner slider                         chip and its IPR remains with Handy
192249. Enichem Elastomeri        Srl, Italy
(1448/Mas/95)
                                                                                              Lab in the US. The company has
                                                                                              already launched the group B
192250. Ykk Corp, Japan         (1459/Mas/     A     process     for converting     a
95)                                            hydrocarbonaceous feedstock into lower
                                                                                              Streptococci test used for screening
                                               boiling materials                              all pregnant women at 35 to 37
D. March 27, 2004                                                                             weeks in America.
                                               A method of obtaining a cellulosic textile
192251. Shell International Research, The      fabric with reduced tendency to pilling
Netherlands (1562/Mas/95)                      formation
                                                                                                     (Business Line, 21 April, 04)

                                               A process for manufacturing filament           n The International Treaty on Plant
192252. Novozy Mes A S A Danish Joint          yarns for technical applications by spinning
                                                                                              Genetic Resource for Food and
Stock Co, Denmark (1597/Mas/95)                a polymer and a polyester filament yarn
                                               made thereby                                   Agriculture will become a law from
                                               A process for the selective high efficiency    June 29 since already 48 countries
192253. A Cordis Industrial Fibers BV,
The Netherlands (1706/Mas/95)                  hydrogenation of an aromatic hydrocarbon       (including India) have ratified it. The
                                               cut
                                                                                              US and 47 other nations have signed
                                               A device for determining the instantaneous
                                                                                              the treaty but not ratified it. The
192254. Institut Francais Du Petrole           travel speed of documents
Avenue De Bois Preau, France                                                                  treaty is to ensure equitable
(78/Mas/96)                                    A process for manufacturing strontium          distribution of genetic resources
                                               carbonate of above 99 percentage purity
192255. Ascom Monetel S A Rue Claude                                                          and to share the benefits with the
Chappe, France (362/Mas/96)
                                               A novel method for preparation of
                                                                                              ethnic conservators and indigenous
192256.     Travancore  Chemical               crystalline polymorph form ii of sertraline    breeders. It will facilitate scientists
Manufacturing Co Ltd, Tamil Nadu               hydrochloride                                  to have systematic access to genetic
(1393/Mas/96)                                  A novel recrystallization process for the      resources for breeding and research.
192257. Dr Reddy S Laboratories Ltd,           preparation of form v of sertraline
                                               hydrochloride                                  It also provides for sharing the profits
Hyderabad (765/Mas/00)
                                               An improved process for conversion of
                                                                                              arising out of the use, including
192258. Dr Reddy S Laboratories Ltd,           trans n methyl 4 3 4 dichlorophenyl 1 2        commercialization of new varieties
Hyderabad (768/Mas/00)                         3 4 tetrahydro 1 naphthaleneamine to its       even by the private sector.
                                               cis n methyl 4 3 4 dichlorophenyl 1 2 3
                                               4 tetrahydro 1 naphthaleneamine an             (The Financial Express, 25 April, 04)
                                               intermediate of sertraline hydrochloride
                                                                                                                      Contd on...14
                                       Visit us at www.indianpatents.org.in
                                                                                                                                 13
An exothermic heterogenous catalytic           Contd from...13
192259. Dr Reddy S Laboratories Ltd,           synthesis reactors                             International News ......
Hyderabad (819/Mas/00)
                                               A process for producing a hydrowax             n The plagiarism detection
192260. Methanol Casale S A, Switzerland
(815/Mas/95)
                                                                                              softwares are becoming increas-
                                                                                              ingly popular along with internet’s
192261. Shell International Research           A method of producing a catalyst for
Maatschappij B V, The Netherlands                                                             copy-enabling power in order to
                                               reforming or aromatization
(791/Mas/95)                                                                                  restrict white-collared copy-cats.
                                               A rotating catalytic cleaning device for
192262. Chevron Philips Chemical Co,           gaseous effluents having polluting
                                                                                              This technology makes a digital
USA (803/Mas/95)                               substances                                     fingerprint of an entire document
192263. Institut Francais Du Petrole, France   A depilatory strip                             and compares against material on
and    Bourcier       Jacques,      France                                                    the internet and other sources to
(1710/Mas/95)
                                               An apparatus for treating particulate          check and ensure originality.
192264. Reckitt Colman France, France          material with gaseous medium                   Plagiarism-detection providers
(33/Mas/96)
                                               A method of producing a wear and rolling       include iParadigm LLC, Glatt
192265. G Prem Sagar, Pandiaraj Corsley        contact fatigue resistant carbide free         Plagiarism Services and MyDropBox
Kotagiri, The Nilgris (82/Mas/96)              bainitic steel rail
                                                                                              LLC. The clients of this software
192266. Corus        Uk    Ltd,     England    Method and apparatus for producing a           include companies that produce
(91/Mas/96)                                    tubular container with closure means
                                                                                              instruction or training material,
                                               An apparatus forcontinuously annealing         attorneys searching for copyright
192267. Plastech          Aps,      Denmark    amorphous alloy coreswith closed
(186/Mas/96)                                                                                  violations and military agencies
                                               magnetic path
                                                                                              that check officers’ applications
192268. Vijai Electricals Ltd, Hyderabad       A method of production of a polyvinyl
(503/Mas/96)                                   ether compound
                                                                                              for promotions.

                                               A process for preparing 5 chloro 1 4              (Deccan Chronicle, 7 April, 04)
192269. Idemitsu Kosan Co Ltd, Tokyo           fluorophenyl 3 1 2 3 6 tetrahydropyridin
(1319/Mas/97)                                  4 yl indole                                    n The efforts by a group of developing
192270. H Lundbeck A S, Denmark                                                               countries led by India and Brazil to
                                               An improved inflatable bladder thereof
(776/Mas/00)                                                                                  resolve the potential conflict between
                                                                                              the                                TRIPS
192271. Henry K Obermeyer, USA and             Connection element for a diversity reception   Agreement and the Convention on
Robert D Eckman, USA (1111/Cal/96)             antenna
                                                                                              Biological Diversity (CBD) by
                                               A transducer
192272. Saint Gobain Vitrage, France
                                                                                              bringing amendments to the TRIPS hit
(1640/Cal/96)                                                                                 a major roadblock at the TRIPS Council
                                               Apparatus for determining a high voltage
192273. Noise Cancellation Technologies        required for programming and or erasure        meet last month. The US and Japan
Inc, USA (1868/Cal/96)                         in a programmable and erasable read            contended              that          CBD
                                               only semiconductor memory                      should not be enforced by patent law
192274. Siemens Aktiengesellschaft,
Germany (1950/Cal/96)                          Receiver for receiving a time domain           and the discussions in this
                                               multiplex   downlink    signal   and
                                                                                              regard should take place in WIPO.
                                               communication system and method for
                                               broadcasting of program                        According to the developing
192275.    Worldspace            Inc,   USA
                                                                                              countries there is a potential disharmony
(2094/Cal/96)                                  A magnetic resonance imaging mri scanner
                                               subassembly                                    between the CBD which recognises
                                                                                              the members’ sovereign rights over
                                               A method of preparing 3 alkoxyphenyl
192276. General Electric Company, USA          magnesium chlorides                            their biological resources namely plants,
(1265/Cal/97)                                                                                 animals and microorganisms and the
                                               A refrigerator in which air curtains are
192277. Grunenthal Gmbh, Germany               formed at the cooling compartments             TRIPS Agreement which contains no
(247/Cal/97)                                                                                  provisions preventing biopiracy acts.
                                               Apparatus for the biological purification
192278. Daewoo Electronics Corp, Seoul         of waster water                                (The Economic Times, 11 April, 04)
Korea (1057/Cal/97)
                                               A process for preparing extra shine
                                               shampoo                                                               Contd on...15
                                        Visit us at www.indianpatents.org.in
14
Apr04
Apr04

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NAB Show Exhibitor List 2024 - Exhibitors Data
 

Apr04

  • 1. INTELLECTUAL PROPERTY A BULLETIN RIGHTS (IPR) FROM TIFAC VOL 10, NO. 4, April 2004 Some operational aspects in the UK markets as “Spanish Champagne”. The UK court ordered the Spanish company to drop the word of managing Geographical Champagne from the product. The judgment was Indications given on December 16, 1960. The Spanish company coined other GI called CAVA which has its own story The General Agreement on Trade Related Aspects of success. Interestingly, Champagne did not get an of Intellectual Property Rights (TRIPS) brought the automatic protection in other countries including protection of geographical indications (GI) to the those in Europe. France had to sign bilateral treaties forefront of IPR. Developing countries have seen a and private agreements with many countries and large potential in this form of IPR due to their being industries to avoid unfair use of the appellation. cradle of many old civilizations which have survived These countries are UK, Spain, New Zealand, Japan for centuries. New opportunities exist in India as we and Australia. Champagne has also been treated as now have a legislation in place for protecting GIs. The trademark by some courts. There was a decision in Indian system has been explained in the IPR Bulletin a German court which did not allow the use of name from time to time. We still do not have operational Champagne even for non alcoholic drinks like mineral experience of implementing the Act as the first water. application seeking GI in respect of Darjeeling tea What has been done to define Champagne? Just is pending with the Registrar of GI. There is a lot to saying that a product has been known for a long time, be understood from the experience of other countries one cannot expect to obtain a GI. A great deal of by the regulators, scientists, farmers, artisans, home work needs to be done for convincing the government officials and departments. authority awarding GI. In case of Champagne following French Practice steps were taken to mark the geographical location:- France is the leader in providing GI protection to 1. A region clearly defined is in the north east wines produced in France especially Champagne. of France One of the most important features of the French 2. The wine growing area occupies about system is that the champagne production is regulated 31,000ha. through a government decree that lays down the wine growing and wine making criteria which are necessarily 3. Only three varieties are produced namely, pinot to be met to benefit from the Champagne appellation. noir, pinot meunier and charonnay. What it really means is that certain quality standards 4. It represents about 15000 growers and 200 and uniqueness basis have to be maintained to get houses. ( The roles of growers and houses are the benefits. clearly marked). As is commonly understood that a GI prohibits 5. An annual sale of about 280 bottles in more others from copying and falsifying your GI. Champagne than 150 countries; the estimated sale is about faced many cases where other wines started using 1.5 billion euro. the name Champagne in spite of the fact that such wines were not produced in the Champagne Region Swiss System of France. France won a case in the United Kingdom Protection of GI and appellation of origin are in 1950s when a wine made in Spain started appearing covered under the Swiss law on Improvement of Contd on...2 Visit us at www.indianpatents.org.in 1
  • 2. Contd from...1 This aspect was introduced as an bearing such an appellation had to Some operational ............. amendment to the Australian Wine be derived from grapes grown in & Brandy Corporation Act. The the named state or country. Places Agriculture and Preservation of Farming which were not defined earlier, TTB Act established the GI Committee Populations. The objective is to create has established a new type of as the authority responsible for a register for geographical names appellation known as American registering GIs and created the designating agricultural products – Viticultural Area (AVA) which is a Register of Protected Names for natural or processed (including spirits). delimited grape growing area recording the names of protected Products included are milk products, distinguished by geographical GIs. The regulations spell out a meat including preserved meat, features. An AVA can be used as number of factors that must be smoked products, fruits, vegetables a label if at least 85% of the wine taken into account in dealing with and bakery products. Switzerland is made from grapes grown inside a GI application. These factors did not have an effective system to that AVA. As AVA did not exist are history of the product, process protect geographic names until the before 1978, TTB has laid down etc, geology, climate, harvest dates, above law was put in place. Emmental criteria for establishing an AVA:- drainage, water availability, elevation cheese, a product from Switzerland and traditional use of the area and has been imitated widely and this 1. Evidence that the name of the name. The Australian approach is could not be stopped in the absence viticultural area is locally and/ different from others in the sense of a domestic law for protection of or nationally known as referring that it does not insist on quality or GI. to the proposed area; characteristics of the product after The Swiss law requires a clear a geographical area has been 2. Historical or current evidence definition of the product and that identified in respect of the product. in support of the boundaries of the method of obtaining the product It is assumed that the concerned the AVA; should be described and the limit product will have the desired quality 3. Evidence to the geographical of the geographical area should be if it comes from the specified features, such as climate, soil stated in a specification. All fabrication geographical location. Take for and topography, which steps namely, production, processing example the concept of region distinguish the AVA from the and preparation, must occur in the associated with a wine. A region surrounding areas; and designated area. The task of is defined as a single tract of land controlling the quality and uniqueness that is discrete and homogenous 4. The specific boundaries of the is entrusted to a certification body in its grape growing attributes to a area. which exercises control during degree that is measurable and usually US wine appellation system production, processing and produces at least 500 wine grape only calls for indication of the origin preparation of the product. This vineyards of at least 5 hectares of grapes used for making the wine body in Switzerland is Accreditation each that do not have any common and do not imply any quality controls. and Designation of Test Laboratories ownership. It can be observed that none of the and Body for Conformity Assessment. criteria for establishing an AVA It has also been recognized that US Practice refers to taste, character or quality traditional methods for production A formal wine appellation system of wine and there is no organoleptic of such products may be more was adopted in the USA in 1978 aspect of the US appellation system. costly. In order to compete effectively and the agency implementing the Further there is no attempt to control against cheaper products – often act is Alcohol and Tobacco Tax grape varieties or viticultural practices their own imitations, the market and Trade Bureau (TTB). The multi- through appellation system. should be made aware of their tiered frame work consists of various origin, uniqueness and specificity. types of appellations. Each India as compared to most of The regulations also impose certain appellation can be used as a label the countries mentioned above has transparent and fairer competition if the prescribed percentage of grapes a large number of items, which rules. from that area is used to make a may qualify for GIs. India is not particular wine. (The concept of limited by any one product like Australian System wine. It is observed that each country labeling has been continuing from The Australian system has been 1938. American wine producers has evolved its own way to grant developed around wines. Prior to had the right to mention on their GI or geographical appellation. Most 1993 Australia did not have any labels geographic origin of the grapes importantly, some countries don’t law which recognized geographical used for making the wine.) TTB insist on defining the quality of indications as a protectable property. stipulates that 75% of the wine these products. The fact that the Contd on...3 Visit us at www.indianpatents.org.in 2
  • 3. Contd from...2 studies on the inheritance of traits, matrices, or gels, yielding typical Some operational ............. or in the identification of individuals. banding patterns, which constitutes a DNA fingerprint of the organism’s product has been grown in that The case study relates to method genetic makeup. area is a good enough reason for for DNA fingerprinting and for grant of a GI. The reason for this detecting specific DNA markers in Restriction Fragments: The would be that a GI helps the producers genomes ranging from DNA molecules produced by commercially in gaining a good microorganisms to higher plants, digestion with a restriction brand value and therefore it would animals and humans. The invention endonuclease are referred to as be in their interest to ensure that also relates to synthetic DNA restriction fragments. Any given the quality of the product is maintained molecules and products based genome will be digested by a particular or else the market preference will thereon which are used in the restriction endonuclease into a change. In other words the methods of the invention in the discrete set of restriction fragments. responsibility of maintaining the different fields of application. The The DNA fragments that result from quality is being left on the producers. invention was patented in USPTO restriction endonuclease cleavage We have just started implementing by Zabeau et al on April 4, 2000 are separated and detected by gel the GI Act and ways will have to (US Pat No. 6,045,994). electrophoresis. be found out to implement the Act DNA fingerprinting is carried Restriction Fragment Length for the benefit of those who have out using different techniques of Polymorphism (RFLP): The continued to preserve and produce which RFLP is most common. This genomic DNA of two closely related traditional products. It can also be technique is time consuming and organisms, for example, will exhibit seen that the French model has requires probe DNA sequence. The differences in their nucleotide not been followed by other countries. use of PCR technique for fingerprinting sequence composition at many Therefore, while implementing the is limited due to the requirement sites. When these differences occur GI Act, there is a need to be practical of prior sequence information for in the target site for a restriction and reasonable otherwise the Act designing of primers. The use of endonuclease, the modified-target will have very little meaning for the random primers as in RAPD site will not be cleaved at that beneficiaries. Extreme caution is technique does not yield reproducible point. Likewise, a nucleotide to be exercised while laying down fingerprint patterns. The present sequence variation may introduce requirements to be satisfied before invention overcomes all the above a novel target site where none exists a GI is granted. mentioned problems and describes in the other organism, causing the a much advanced DNA fingerprinting DNA to be cut by the restriction method. enzyme at that point. Alternatively, insertions or deletions of nucleotides Case Study Definitions occurring in one organism between In the description, a number of two target sites for a restriction An Advanced DNA scientific terms are used and in endonuclease will modify the Fingerprinting Technology order to provide a clear and consistent distance between those target sites. understanding of the specification Because of this, digestion of the DNA fingerprinting refers to the and claims, the following terms two organism’s DNA will produce characterization of either similarities are defined: restriction fragments having different of one or more distinctive features RestrictionEndonuclease:These lengths. A polymorphism in the in the genetic make up or genome are enzymes which recognize short length of restriction fragments of an individual, a variety or race, nucleotide sequences, usually 4 produced by digestion of the DNA or a species. The differences in to 8 bases in length and cleave the of the two organisms will result. DNA fingerprints are referred to as two DNA strands, thereby producing The southern hybridization technique DNA polymorphisms and the distinct fragments of DNA of discrete length. is used for detecting polymorphisms DNA fragments can be used as Because of their high degree of in these restriction fragments using DNA markers. DNA polymorphisms sequence specificity, restriction specific probes. can be used as genetic markers in much the same endonucleases will cleave DNA Gel Electrophoresis: To detect way as other genetic markers: in molecules in a very specific fashion. restriction fragments, analytical parentage analysis, in genetic The result is that a reproducible method for fractioning double- set of DNA fragments will be produced. stranded DNA molecules on the DNA fragments can be fractionated basis of size is required. The most according to their length on porous Contd on...4 Visit us at www.indianpatents.org.in 3
  • 4. Contd from...3 polymerase chain reaction (PCR) Description of Invention Case Study ............. be applicable to the detection This invention comprises of restriction fragment polym - methods for detecting RFPs, commonly used technique for orphisms (RFPs) including length synthetic oligonucleotides for use achieving such fractionation is gel polymorphisms. electrophoresis. in the methods of the invention, 2. PCR amplification of restriction kits comprising means for detecting Synthetic oligonucleotides: fragments no matter whether RFPs, and applications of the These are single-stranded DNA one knows the nucleotide methods and procedures of the molecules having preferably from invention for plant and animal sequence of the ends of the almost 10 to almost 50 bases, breeding, diagnostics of genetically restriction fragments or not, can which can be synthesized inherited diseases, identification be achieved according to the chemically. or organisms, and forensic typing, invention. Ligation: The enzymatic etc.The general method for reaction catalyzed by the enzyme 3. The present invention defines production and for identification of specifically designed primers restriction fragments involves the ligase in which two double-stranded and specific methods to direct use of restriction endonucleases, DNA molecules are covalently joined together is referred to as ligation. the PCR amplification reaction in such a way that a controlled Adaptors: These are short amplification is possible and in double-stranded DNA molecules, a particular embodiment of the with a limited number of base pairs, invention, in such a way that e.g. 10 to 30 base pairs long, only a small subset of tagged which are designed in such a way restriction fragments is amplified. that they can be ligated to the ends of restriction fragments. 4. The present invention also provides specific PCR primers which Polymerase Chain Reaction comprise a constant nucleotide (PCR): The enzymatic reaction in sequence part and a variable which DNA fragments are synthesized from a substrate DNA sequence part. The selection in vitro is referred to as PCR. The of the tagged restriction fragments reaction involves the use of two is determined by the number of synthetic oligonucleotides called nucleotides residing in the variable primers, which are complementary sequence part of the primer: to nucleotide sequences in DNA the selectivity of the primers molecules which are separated by increases with the number of a short distance of a few hundred nucleotides in the variable to a few thousand base pairs, and (selected) sequence part. the use of a thermostable DNA ligation of synthetic oligonucleotides 5. The underlying principle of the to the restriction fragments, and polymerase. The simultaneous invention is that in each Amplified PCR amplification of restriction amplification of several different Restriction Fragment two fragments. fragments is referred to as multiplex nucleotide sequences are PCR. The Figure 1 depicts the steps detected which are separated of the method of the invention which DNA Amplification: The term from each other by a given is described herein. The restriction DNA amplification is used to denote distance. Each of the two endonucleases cleave genomic DNA the synthesis of double-stranded nucleotide sequences is molecules at specific sites, target DNA molecules in vitro using composed of two parts: (a) the sites, thereby generating restriction Polymerase Chain Reaction (PCR). target site for the restriction fragments. PCR amplification of The products of the PCR reaction endonuclease and (b) the r e s t r i c t i o n are referred to as amplified DNA nucleotide sequence adjacent fragments is carried out by first fragments. to the target site which is included ligating synthetic oligonucl- Present Invention in the selective primer. eotides (adaptors) to the ends of 6. The method of the invention restriction fragments, thus providing 1. The invention relates more each restriction fragment with two particularly to a process and provides a far superior method common tags which will serve as means which enable the for multiplex PCR. Contd on...5 Visit us at www.indianpatents.org.in 4
  • 5. Contd from...4 synchronously in the PCR reaction. The PCR products obtained in Case Study ............. In a preferred embodiment of the accordance with the invention can a anchor base for the primers used invention applicable to genomic be identified using standard in PCR amplification. For each DNAs of large sizes, a general fractionation methods for separating type of restriction fragment, specific principle is used to limit the number DNA molecules according to size adaptors are used, which differ in of restriction fragments which are followed by staining of the DNA one of the ends so as to allow the to be amplified. This is done by molecules with appropriate agents. adaptor to be ligated to the restriction preselecting a subset of tagged Alternatively, the primers used for fragment. Using the enzyme ligase restriction fragments so that only the PCR amplification can be tagged the adaptors are ligated to the a relatively small number of tagged with a suitable radio-active labelled mixture of restriction fragments. restriction fragments will be amplified or fluorescent chromophore thus The adaptors can now serve as during the PCR amplification reaction. allowing the identification of the templates for the primers used in The present invention also reaction products after size the subsequent PCR amplification provides specific PCR primers which fractionation.The PCR products are reaction. In one of the embodiments comprise a constant nucleotide denoted by the term Amplified of the invention, the restriction sequence part and a variable Restriction Fragments (ARF). fragment carries the same adaptor sequence part. In the constant Different sets of ARFs are obtained at both of its ends and a single sequence part the nucleotide with each different selective primer PCR primer can be used to amplify sequence is designed so that the in the PCR amplification reaction. the restriction fragment. In another primer will perfectly base pair with The patterns of ARFs identified embodiment using two different the constant DNA sequence of after separation constitute unique restriction enzymes to cleave the one of the DNA strands at the end and perfectly reproducible fingerprints DNA, two different adaptors are of the restriction fragment. The of the genomic DNA. ligated to the ends of the restriction variable sequence part comprises Example fragments. In this case two different a randomly chosen nucleotide PCR primers can be used to amplify The patent application explains sequence ranging from 1 to 10 such restriction fragments. This the working of the invention using bases chosen. It is the addition of step reduces the complexity of six examples which were described these variable (selected) sequences the starting mixture of restriction to the ‘3 end of the primers which fragments and constitutes an will direct the preselection of tagged enrichment step prior to the PCR restriction fragments which will be amplification, thereby reducing in amplified in the PCR step. The certain instances the background. term selective bases is used to The genome sizes of organisms denote the nucleotides in the variable vary widely from a few million base sequence part thus showing that pairs in the case of microorganisms the selection of these bases renders to several billion base pairs for the primer selective. It must be animals and plants. Hence, the realized that a tagged restriction number of restriction fragments fragment will only be amplified obtained after cleaving genomic when the selective bases of the DNA molecules with a restriction primers used recognize both enzyme can vary from a few hundred complementary sequences at the to several million. Generally, the ends of the fragment. When the number of restriction fragments is primer matches with only one so large that it is not possible to end, the amplification will be linear identify individual restriction rather than exponential, and the fragments in genomic DNA digests product will remain undetected. fractionated by gel electrophoresis. In a preferred embodiment, the Such digests usually produce a number of selective nucleotides smear of bands. PCR amplification is chosen so that the number of of tagged restriction fragments thus restriction fragments which will also produce a smear of bands be amplified is limited to 5 to since all fragments co-amplify 200. Fig. (2) Contd on...6 Visit us at www.indianpatents.org.in 5
  • 6. Contd from...5 more AFLPs and the phenotype human, an animal, a plant and Case Study ............. exhibited by the specific genetic a microorganism. amplification of DNA of various traits. The methods of the present 3. A method for detecting Lactuca species with two restriction invention in essence overcomes similarities between plant or enzymes. In brief, the genomic the limitations of multiplex PCR, animal varieties, species, DNA of various Lactuca species because all the primers used in cultivars, microorganisms, or was isolated, digested with PstI the present invention have a for evaluating genetic diversity and MseI restriction enzymes and substantial part of their nucleotide and characterizing such plant compatible adaptors were ligated. sequence in common. or animal varieties, species, The DNAs prepared were used as Claims cultivars, microorganisms templates for AFLP reactions. Two primer combinations were used 4. A process for amplification of The patent document contains employing a single MseI-primer and at least one restriction fragment 30 claims and several subclaims, from a target DNA regardless two different PstI-primers. The the main ones being: generated fragments were visualized of whether its nucleotide 1. Process for amplification of at sequence is unknown isolating on denaturing polyacrylamide gels. least one restriction fragment at least one amplified or The band patterns obtained are from a target DNA regardless elongated DNA fragment; shown in Figure 2. of whether its nucleotide (h) designing oligonucleotide Applications sequence is unknown, which primers having a nucleotide process comprises: sequence according to the at The present invention provides (a) digesting said target DNA with least one oligonucleotide primer a general method for isolating DNA at least one specific restriction of step (d) wherein the selected markers from any genome and for endonuclease to fragment it nucleotide sequence comprises using such DNA markers in all into restriction fragments; nucleotide residues which possible applications of DNA correspond to the first 8-10 fingerprinting. (b) ligating to the restriction nucleotide residues internally A particular application of the fragments obtained from the adjacent to the restriction sites present invention involves the target DNA at least one double- at both ends of said DNA screening and identification of stranded synthetic oligonucl- fragment. Restriction Fragment Polymorphisms eotide adaptor having one end which is compatible to be ligated 5. Process for the amplification (RFP). the method of the present of at least one DNA fragment invention constitutes a far superior to one or both of the ends of the restriction fragments to according to claim 11, which method for detecting RFPs than process comprises an the RFLP technique. According to thereby produce tagged restriction fragments of the target additional amplification step the method of the present invention, of said DNA fragment in the the analysis of ARF patterns can DNA; presence of oligonucleotide be used to define the genetic linkage (c) contacting said tagged primers designed according of polymorphic ARFs with specific restriction fragments under to step (h) of claim 11. genetic traits. Such polymorphic hybridizing conditions with at ARFs are also referred as Amplified least one oligonucleotide primer; The thirty claims were drafted Fragment Length Polymorphisms to protect every possible feature (AFLPs) and this term has become (e) amplifying or elongating said of the DNA fingerprinting widely accepted. tagged restriction fragments technique which included using said at least one besides those mentioned above Another application of the oligonucleotide primer in the the length of the adaptor, the present invention involves the presence of the required number of selective bases of detection of AFLPs linked to specific nucleotides and DNA the primers, the use of genomic genetic traits. The application involves polymerase. DNA or complete organism the analysis of ARF patterns of 2. A process as claimed in claim as starting DNA and all possible closely related individuals exhibiting 1 wherein said target DNA is utilities of the technique. differences in the specific genetic trait and the use of analysis genomic DNA from a biological techniques that can find correlations sample of an organism selected between the inheritance of one or from a group consisting of a Visit us at www.indianpatents.org.in 6
  • 7. Case Law (1) no alterations or omissions shall Section 52(1)(j). Is the defendant be made without the consent of guilty of violating copyright of the Copyright of re-recorded copy? the owner other than those which plaintiff in the “version recording” are reasonably necessary for of “chalo dildar chalo” ? An interesting case between adaptation of the work. Super Cassette Industries (plaintiff) The defendant argued that the and Bathla Cassette Industries Pvt. (2) “version recording” shall not be plaintiff having admitted that its Ltd (defendant) was decided sold in the packaging or with any sound recording was covered under in the Delhi High Court on label which is likely to mislead or Section 52(1)(j) of the Copyright September 9, 2003 wherein the confuse the public as to its identity. Act, the same is not an original court had to decide on the rights copyright work but a derivative and of a party to make “version (3) notice has been given to the therefore cannot be subject matter recordings”. owner of original work in the of copyright. In other words, the prescribed manner along with copies defendant’s case is that no licence In the present case law, the of covers or labels with which the has been granted by the original plaintiff, Super Cassettes Industries, sound recording are to be sold. copyright owner and it is only a is a producer and marketer of work produced by virtue of Section pre-recorded audio cassettes and (4) royalties in respect of sound recording has been paid to the 52(1)(j), which is not entitled to other records which it sells under independent protection. original owner at the rate fixed by the mark/logo T-series. The plaintiff the Copyright Board. produced a compilation of old well The plaintiff on the other hand known Hindi songs under the title The above mentioned conditions argued that it has, by its own “Yadein” Vol I and Vol II. The were introduced in 1995. labour, invested large amounts of compilation was a “version recording” money to encourage young singers. i.e. re-recording of the original work. The plaintiff had produced the Thus, has used sufficient The specific dispute in this case song under the provisions of Section independent skill and labour to is over a song “chalo dildar chalo” 52 (1) (j) of the Copyright Act, produce the musical work. The from the Hindi film ‘Pakeezah’. In 1958 and had paid a sum of record thus produced was a this case the plaintiff has created Rs 400/- to Mahal Pictures, the substantially new arrangement and/ a “version recording” of this song original owner of the musical work or necessary adaptation of the by engaging music conductors, “chalo dildar chalo” for producing existing work. Thus, the plaintiff is musicians, singers to create original 10,000 records. The defendants the owner of copyright in version musical track of the existing musical had offered to purchase similar sound recording. Therefore, a specific work. This act of sound recording rights under Section 52 (1) (j) in consent or licence should have was carried out legally under the respect of the tapes, Yadein Vol I been sought by the defendant to Section 52 (1) (j) of the Indian & II produced by the plaintiff which include the “version recording” of Copyright Act. included the song “chalo dildar “chalo dildar chalo” in the compilation. chalo” from the plaintiff and had Section 52 of the Indian Copyright accordingly issued a cheque for The court, after hearing Act contains ‘fair use’ provisions Rs. 1,000/- as 5% royalty prescribed arguments of the parties, held and the subsection 1, clause j, by the Copyright Board for that, as per Section 52(1)(j), provides for a statutory license to manufacturing 400 audio cassettes the statutory licence to produce a person desirous of making a to be sold at Rs. 25/- per cassette. “version recording” was available, sound recording of an existing musical The plaintiff has objected to the provided the person producing work by engaging independent artist defendant’s use of its “version such recording undertakes not to create the same music and use recording” of “chalo dildar chalo”. to make any alterations to the It has therefore brought this case work without the consent of the identical lyrics provided the “version seeking an injunction restraining owner other than those which recording” is made after two years the defendant from copying its “version are reasonably necessary for of the original sound recording. recording” or re-recording of “chalo adaptation of the work for the In addition, following conditions dildar chalo”. The dispute centered purpose of making the sound laid down by Section 52(1)(j) of the around the issue of whether there recording. This is an essential Copyright Act have to be satisfied. can be an independent right in a condition as laid down in Section “version recording” created under 52(1)(j), read with Rule 21 of Contd on...8 Visit us at www.indianpatents.org.in 7
  • 8. the Copyright Rules 1959. The infringement relating to their claim court opined that Rule 21(2)(b) is Litigation Watch on personalized email links sent relevant and indeed significant • Indian generic drugmaker Dr to users of online payment on 5 provision. It requires any person Reddy’s Laboratories Ltd has September 2002. The lawsuit has who wishes to act under Section been dismissed after eBay withdrawn its challenge to the mainUS 52(1) to indicate clearly the alteration completed its acquisition of PayPal patent on GlaxoSmithKline Plc’s and omissions, if any, which are and agreed with Tumbleweed on a anti-nausea drug Zofran. The move proposed to be made for the means that Dr Reddy’s will not cross-licensing deal. adaptation. Thus, the plaintiff's case was contrary to its own pleadings. attempt to launch a cheap generic (Patent World, February 2004) On the one hand it has sought to version of the product in the United States until after the compound • Taiwan Semiconductor take shelter under “version recording” patent expires in July 2005. Zofran, Manufacturing Co (TSMC) of Taiwan, provisions laid down under Section which is widely used to treat cancer its North American subsidiary and 52(1)(j) to avoid a claim of infringement. On the other hand, it patients undergoing chemotherapy, WaterTech have filed a suit claiming has argued that its “version recording” had first-quarter sales of 180 million that Semiconductor Manufacturing was a substantially new arrangement. pounds ($317 million), of which International Corporation (SMIC) The court was of the view that a 132 million was sold in the United of China and SMIC Americas infringed substantial new arrangement cannot States. a number of patents and fall within such alterations/omissions misappropriated trade secrets from which are necessary for adaptation. (Reuters, 29 April, 04) the companies. The complaint asks In other words a substantial new • Bayer has sued Indian generic for injunctive relief and monetary arrangement cannot be created drugmaker to protect its patent on damages. without the original owner’s consent. a key antibiotic expected to generate (Patent World, February 2004) one billion euros ($1.2 billion) in The court went on to hold that • The Nizza group filed annual sales. Bayer’s legal move the plaintiff’s product is a colourable infringement lawsuits against two came after India’s Dr Reddy’s imitation of the original musical domain name companies, Network Laboratories filed an application soundtrack with some minor and Solutions and Register.Com, for insignificant variations. This cannot with US regulators for permission to sell a generic copy of antibiotic infringing their patent entitled “a be termed as a substantial new Avelox. Bayer said it had sued Dr method and system of assigning arrangement. The court dismissed Reddy’s for infringing its patents identical URL and email addresses the plaintiff’s application seeking on Avelox and would defend its to members of a group”. Nizza an interim injunction holding that prima facie there is no merit in the franchise strongly. Reddy’s was granted the US patent only a application. The court was of the application was a “paragraph IV” week before it filed the lawsuit view that since the plaintiff himself filing, which is used when a generic seeking damages and an injunction did not have any rights in the law, manufacturer claims it is not against the two companies. in what is averred to be his infringing a drug patent or that the (Patent World, February 2004) substantially new product, he cannot patent is invalid. This would allow be heard to protest when such a the generic drugmaker to start • Japan’s Sony Corp filed modus operandi is sought to be infringement suit against Eastman producing its own generic version applied to him by the defendant. Kodak Co in the US for digital of the drug within the patent period. camera related ten patents. The The first generic company to file The above decision had a mixed move follows a suit filed by Eastman for marketing approval under reaction from right holders and IP Kodak a month ago against Sony practitioners regarding the paragraph IV could win a 180-day for infringing its ten patents related interpretation of Section 52(1)(j) period of marketing exclusivity for to digital photography. Sony said by the court. An appeal has been its version. its action was not a counter-suit filed by the plaintiff and is waiting (Gulf News, 30 March,04) and involved different patents than for hearing in the court. • The software company the suit filed by Kodak. Tumbleweed had filed a lawsuit (The Economic Times, 2 April, 04) against PayPal and eBay for Contd on...9 Visit us at www.indianpatents.org.in 8
  • 9. Contd from...8 • Frank Zappa’s family has settled Domestic News Litigation Watch ............. its copyright dispute with Quebec • Ranbaxy Pharmaceuticals Inc, furniture and appliance retailer, n Hordes of Indian pharmaceutical Florida, a wholly owned subsidiary ‘Ameublements Tanguay’ after the companies are either leaping into of Ranbaxy Laboratories has won Federal court of Canada announced herbal drugs or planning to do so. a patent infringement suit brought the judgment that the Quebec retailer With product patent recognition against it by GlaxoSmithKline relating had infringed Mr. Zappa’s copyrights and moral rights. The dispute has coming into force from 2005 in to Ranbaxy’s Cefuroxime Axetil been going on for nine years, and India, Indian companies are focusing product, a generic version of relates to Ameublements usage on herbal drugs. Nicholas Piramal, GlaxoSmithKline’s antibiotic ceftin. GlaxoSmithKline filed the suit in of Mr. Zappa’s song “Watermelon Cipla, Elder Pharma, RPG Life the US district court of New Jersey in Easter Hay” as background music Sciences, Ranbaxy Laboratories, in October 2000, and the court in two television commercials aired Lupin Labs and Alkem Labs are granted a preliminary injunction to in 1995. entering this segment. The herbal Ranbaxy from marketing its generic (Copyright World, March 2004) medicine market is primarily version. In 2001, however, Ranbaxy dominated by Himalaya, Dabur, commercially launched its product • The British Phonographic Industry (BPI) has agreed an out Charak Pharmaceuticals and a large after the United States Court of of court settlement with another number of smaller regional Appeals vacated the preliminary injunction. After a full trial, the internet retailer Play.com. BPI companies. launched legal proceedings late district court determined that (Business Standard, 29 March, 04) last year after it discovered that Ranbaxy’s product does not infringe GlazoSmithKlines’ patents and the online retailer was sourcing n The controversy over the song products from outside Europe to Noor-ala-noor of M.F. Hussain’s Ranbaxy is not required to pay any sell in the UK. The products had damages. latest film Meenaxi-a Tale of Three been cleared for sale outside Europe, (The Telegraph, 9 April,2004) but by selling them in the UK, the Cities has boosted the pirated CD BPI argued that Play.com. was market with the demand going beyond • Japanese technology giant Fijitsu Ltd has filed a lawsuit against guilty of parallel importing. Play.com the expectations of pirated CD South Korea’s Samsung SPI Co, has agreed that in future it will only producers. Pirated versions of alleging patent infringement on basic sell CDs purchased in Europe. Meenaxi are supposed to be doing technologies for plasma display (Copyright World, March 2004) great business in Chandni Chowk panels. In a lawsuit filed in Tokyo of Kolkata. against Samsung’s Japanese unit • The SCO group has filed a suit against AutoZone for alleged (The Statesman, 23 April, 04) marketing panels manufactured by Samsung SDI, Fijitsu was seeking violation of copyright infringement, in the US district court in Nevada. n The Indian Institute of Chemical a provisional injunction against the SCO alleged that AutoZone violated Technology (IICT) has filed 62 patents import and sale of these products SCO’s UNIX copyrights by running during the financial year 2003-04 in Japan. In a lawsuit filed in California against Samsung SDI, and US import versions of the Linux operating system of which 44 are overseas patents. that contain code, structure, and sales unit Samsung Electronics (Business line, 5 April, 04) America Inc, Fijitsu was seeking an sequence and/or organization from injunction against import and sale of SCO’s proprietary UNIX System V n The Enforcement Branch (EB) code. It is seeking injunctive relief of Kolkata police seized more than those products as well as damages for patent infringement. In the suit to stop further use of copying of one lakh fake school textbooks of filed in the United States, Fijitsu the software and damages. the West Bengal Board of Secondary claims Samsung SDI infringed 10 (Copyright World, March 2004) Education, worth over Rs.30 lakh. patents including technology relating • Fabian Toader claims to have The forged textbooks differed from to the displays’ colours and the written the computer code in 2000 the originals in paper quality, cover Japanese suit is related to technology while working as a free lancer for page color and lack of corrigenda. to make panels brighter. Kazaa and is seeking $25 million (The Economic Times, 8 April, 04) in compensation from Sherman (The Telegraph, 30 March, 04) Contd on...16 Contd on...10 Visit us at www.indianpatents.org.in 9
  • 10. Patents for Opposition Contd from...9 The following patent applications have been accepted by the Patent Domestic News ............. Office and published in the Gazette of India. These can now be opposed n National Council of Educational by filing opposition applications within a period of four months from the Research and Training (NCERT) dates given. Six digit numbers allotted after acceptance by the Patent has taken action to tackle its Office are given before the applicant names and patent application textbook piracy. The books will numbers given in brackets. Names of the branches of the Patent office now find an inclusion of a special are denoted in the application number, e.g. ‘Bom’ for Bombay branch. water mark of the NCERT logo on An opposition application should be submitted at the appropriate office each page. NCERT sells close to where the concerned application was originally filed. six crore books each year. (The Tribune, 21 April, 04) PATENT APPLICANTS INVENTION A. March 6, 2004 n A study by the US based National A process for preparation of a Bureau of Economic Research 192177. Defence Research And Development Organisation Ministry Of radioprotective herbal formulation from (NBER), a private non-profit research Defence Government Of India New Delhi podophyllum hexandrum organization, suggests a significant (253/Del/01) price rise of patented drugs post- 192178. Ranbaxy Laboratories Ltd, New Process for the preparation of amorphous 2005. The prices of cheaper off- Delhi (830/Del/01) form of torasemide patent drugs in the same class 192179. Ranbaxy Laboratories Ltd, New Process for the purification of cilastatin are also suspected to increase. Delhi (879/Del/01) The study cites the example of 192180. Ranbaxy Laboratories Ltd, New An improved process for preparation of Delhi (1002/Del/01) metformin extended release tablets ciprofloxacin where 200-750% price inflation is predicted. B. March 13, 2004 192181. Medtronic Inc, USA A packaging apparatus (The Economic Times, 20 April, 04) (1116/Del/95) Switch having a bride member n Pirated VCDs have been seized 192182. TRW Automotive Electronics Components Gmbh Co Kg, Germany for recently released Hindi block (1653/Del/95) busters, porn movies and Tamil 192183. Sulzer Chemtech Ag, Switzerland Liquid distributor for columns films by Mumbai, Delhi and Chennai (1656/Del/95) police. 192184. Shell Internationale Research A process for preparing 1 3 alkanediols Maatschappij B V, The Netherlands (New Indian Express, 9 April, 04) (1730/Del/95) n Nicholas Piramal India’s request 192185. Becton Dickinson And Company Device for adjusting the length of a 1 Becton Drive Frnklin Lakes New Jersey combined spinal epidural needle and method for grant of exclusive marketing 07417 1880 USA (1759/Del/95) thereof rights (EMR) to Aablaquin has been 192186. The Gillette Company, USA Razor handle questioned as it has not received (1842/Del/95) the approval of Drug Controller 192187. Usinor, Germany (1890/Del/95) A device for shaping thin metal products General of India. Aablaquin, an and a method for continuously determining anti-malaria drug, is a major R&D the gap between two rolls product of CSIR which has an 192188. Ranbaxy Laboratories Ltd, New Process for the preparation of a exclusive agreement with Nicholas Delhi (596/Del/2000) bioavailable dosage form of isotretinoin Piramal for marketing the drug 192189. Showa Denko K K, Japan A process for fluorinating a halogenated (208/Del/02) hydrocarbon Nicholas Piramal is still to answer the Controller’s directive pertaining 192190. CSIR, Delhi (233/Del/02) A process for the preparation of clarified papaya juice concentrate to the novelty aspect of Aablaquin. (The Economic Times, 17 April, 04) 192191. Autonomous Technologies A laser beam delivery and tracking Corporation, USA (625/Del/95) apparatus Contd on...11 Visit us at www.indianpatents.org.in 10
  • 11. 192192. Subroto Ghosh, New Delhi An abrasive wheel Contd from...10 (1085/Del/95) Domestic News ............. 192193. Standipack Private Limited, New A pouch for packaging of mineral oils Delhi (1086/Del/95) such as kerosene oil n The Federation of Indian Chambers of Commerce and 192194. The Chief Controller Research A process for the preparation of ready Development Ministry Of Defence to use engine coolants Industry’s (FICCI) body to fight Government Of India New Delhi piracy and counterfeiting, NIPAC (1296/Del/95) (National Initiative Against Piracy 192195. Sbl Limited, India Leak proof insert and Counterfeiting) has joined hands (1558/Del/95) with the US Chamber of Commerce. 192196. Filter Werk Mann Hummel Gmbh, A fluid filter cartridge FICCI and the US Chamber of Germany (1705/Del/95) Commerce will share analyses of 192197. EVC Technology Ag, Switzerland A method of producing 1 2 dichloroethane (1819/Del/95) edc by oxychlorination of ethylene legislation, regulations and other 192198. E Khashoggi Industries Llc, USA A method for manufacturing an article measures taken or proposed to (1823/Del/95) having a fibre reinforced starch bound combat piracy and counterfeiting cellular matrix in each country. They have also 192199. Totem Co Ltd, Russia Apparatus for charging shaft furnaces agreed to share critical and relevant (1862/Del/95) information, and organize joint public 192200. The Gillette Company, USA A skin engaging device for use in a wet education programmes. It has also (1986/Del/95) shaving system been proposed that a joint conference 192201. Ausimont S P A, Italy A process for obtaining fluoroelastomers (1825/Cal/96) having improved thermal resistance at with representatives of industry, high temperature law enforcement, the courts and 192202. Showa Denko K K, Japan Process for producing flat heat exchange national and state legislatures be (2248/Cal/96) tubes organized. 192203. Siemens Aktiengesellschaft, Protection assembly for distribution frame Germany (541/Cal/97) in a telecommunication system (Financial Express, 26 April, 04) 192204. Navin Prakash Malhotra, W est Razor blade assembly Bengal (651/Cal/97) International News 192205. Aluminium Pechiney, France A process for the production of alumina (1096/Cal/97) by electrolysis n There is a proposal in US for all copyrighted material to carry a 192206. Engelhard Corporation, USA An improved process for preparing an (1286/Cal/97) azo pigment Federal Bureau of Investigation “Anti- 192207. Siemens Aktiengesellschaft, Portable data transmission device for Piracy” seal and a warning text Germany (1297/Cal/97) contact fre transmission of electrical signal informing that copyright infringement or data to a read write station is “a serious crime with serious 192208. York International Corporation, A refrigerant recovery system and a consequences”. The FBI warning USA (585/Cal/98) method for recovering refrigerant in a refrigeration system on music [films, softwares etc] is intended to make the consumers 192209. Matsushita Electric Industrial Co An image predictive decoding method Ltd, Japan (596/Cal/98) learn the do’s and dont's of copying 192210. Ethicon Inc, USA (1030/Cal/98) A method for producing a sterilized article and uploading to the internet. C. March 20, 2004 (Copyright World, March 2004) 192211. LG Electronics Inc, Republic Of Packaging holder device for positioning n Radio broadcaster GWR in UK Korea (2020/Cal/96) and protecting a glass tray and rotating ring within a cavity of a microwave oven is launching a service called “Hear 192212. Seb S A, France (2196/Cal/96) A lid with knob it, Buy it, Burn it” wherein the listeners can purchase the tracks 192213. Siemens Aktiengesellschaft, Bobbin store for textile fibre production Germany (629/Cal/97) plants played in the radio. Users will need 192214. Fujitsu General Ltd, Japan An air conditioner and control method to tune in to their local GWR station (779/Cal/97) for the same Contd on...12 Visit us at www.indianpatents.org.in 11
  • 12. 192215. Eaton Corp, USA (905/Cal/97) A shifting system for a transmission Contd from...11 192216. Cytec Technology Corp, USA A collector composition for flotation of International News ...... (1049/Cal/97) active sphalerite via a digital set or the internet and 192217. Commscope Inc, USA Coaxial cable and method of making same register for the service. They will (1755/Cal/97) A process for producing baintic rail steel then be able to download a CD 192218. Steel Authority Of India Ltd, New of improved quality quality copy of the track by clicking Delhi (2337/Cal/97) a buy button. The music can be Antitheft apparatus for motorcycle 192219. Yamaha Hatsudoki Kabushiki saved to a computer hard drive, Kaisha, Shingai (1846/Cal/98) Process for preparing a pharmaceutical burned onto a CD or transferred to 192220. American Home Products Corp, composition a MP3 player. USA (419/Cal/01) Digital transmission system having a transmitter and a receiver for transmitting (Copyright World, March 2004) 192221. Philips Electronics Nv, The Netherlands (217/Cal/95) a wide band digital auto signal n The Japanese Patent Office Digital transmission system having a has made changes in its fee 192222. Philips Electronics Nv, The transmitter and a receiver for transmitting Netherlands (218/Cal/95) a wide band digital audio signal structure resulting in an overall reduction of 20%. Though the An apparatus and a process for producing 192223. E I Du Pont De Nemours & Co, ethylene dichloride cost for requesting an USA (2172/Cal/96) Process for smelting reduction of examination is doubled, the cost 192224. Kawasaki Steel Corp, Japan chromium ore of maintaining the application (291/Cal/97) for the first few years has been An evaporator of a refrigerator 192225. Daewoo Electronics Corp, Korea dropped upto 80%. The changes (615/Cal/97) Battery separator will apply to any patent filed 192226. Amtek Research In International after 1 April 2004. Llc, USA (770/Cal/97) Toothbrush with a replaceable brush (Patent World, February 2004) 192227. Coronet Werke Gmbh, Germany section (1179/Cal/97) n The WIPO-PCT reforms have 192228. Vacuumschmelze Gmbh, Germany Method and apparatus for the production come into effect from 1 January (1500/Cal/97) of an inductive component 2004. The international filing fee 192229. Eaton Corp, USA (1051/Cal/97) An improved rotary fluid pressure device does not have a designation 192230. Emami Ltd, Calcutta (87/Cal/01) Process for preparing cream for enhancing component as all countries are complexion designated for all types of protection. 192231. International Business Machines A thin film low profile write head The PCT will also offer an enhanced Corp, USA (718/Mas/95) search and examination system 192232. Switched Reluctance Drives Ltd, A controller for an electric machine to check compliance with main England (782/Mas/95) patentibility criteria. 192233. Abb Schweiz Holding Ag, A method of producing a varistor having Switzerland (804/Mas/95) a mixture of a mixed metal oxide powder (Patent World, February 2004) and zno powder 192234. Inmarsat Ltd, England Apparatus for use in a satellite n Spain jurisdiction has begun (894/Mas/95) communications earth station using tdma accepting electronic patent filings channels via epoline. Finland and France 192235. Mitsubishi Jukogyo Babushiki A wet flue gas desulfurization process are already using the system Kaisha, Japan (969/Mas/95) and an apparatus thereof and Germany and the United 192236. Mobile Oil Corp, USA A process for the production of low Kingdom are also joining soon. (1063/Mas/95) sulfur containing gasoline of high octane number Epoline is making good progress 192237. Institut Francais Du Petrole, since 1998 when the electronic France (1071/Mas/97) A catalyst composition for converting ethylene to light alpha olefins filing system first took shape. 192238. Sms Schloemann Siemag Aktiengesellschaft Eduard Schloemann An apparatus for heat treatment of steel (Patent World, February 2004) wire Contd on...13 Visit us at www.indianpatents.org.in 12
  • 13. Strasse, Republic Of Germany (1273/Mas/ An adhesive sheet material suitable for Contd from...12 95) use on wet surfaces International News ...... 192239. Minnesota Mining And Manufacturing Co, USA (1275/Mas/95) A polymer mixture n The WIPO details on international patents filed via PCT for the year 192240. Dow Global Technologies Inc, A device for measuring the density of Michigan (1305/Mas/95) liquefied petroleum gases 2003 showed 110,000 applications 192241. Lpg Equipment Research Centre, A transportable storage stable peroxide with 35% being accounted by the Bangalore (710/Mas/95) composition US alone. The companies that filed 192242. Akzo Nobel Nv Velperweg, The A process for separating undesired the most patent applications came Netherlands (940/Mas/95) components from a butyne diol solution from Germany (Siemens, Bosch, 192243. S K Corp, Republic Of Korea An extrusion die assembly Infineon and BASF), Japan (1039/Mas/95) (Matsushita and Sony) and the US 192244. Societe Des Produits Nestle, A pre fabricated double skin panel (3M and Intel) Switzerland (1203/Mas/95) 192245. Corus Uk Ltd, England Glass gob shearing apparatus (Patent World, March 2004) (1318/Mas/95) n Handy Lab Inc, a US company, 192246. Owens Brockwayglass A coffee making machine Container Inc, USA (1320/Mas/ has developed a prototype for a 95) Width stretching unit device to confirm the presence of 192247. Tribhuvansimh Amritlal Rathode, infection in fluid samples within 45 Chennai (1326/Mas/95) minutes of testing. The device called A process for the polymerization of 192248. Kusters Zittauer Maschinenfabrik ethylene with propylene lab-on-a-chip is a use and throw Gmbh,Germany (1346/Mas/95) A slide fastner slider chip and its IPR remains with Handy 192249. Enichem Elastomeri Srl, Italy (1448/Mas/95) Lab in the US. The company has already launched the group B 192250. Ykk Corp, Japan (1459/Mas/ A process for converting a 95) hydrocarbonaceous feedstock into lower Streptococci test used for screening boiling materials all pregnant women at 35 to 37 D. March 27, 2004 weeks in America. A method of obtaining a cellulosic textile 192251. Shell International Research, The fabric with reduced tendency to pilling Netherlands (1562/Mas/95) formation (Business Line, 21 April, 04) A process for manufacturing filament n The International Treaty on Plant 192252. Novozy Mes A S A Danish Joint yarns for technical applications by spinning Genetic Resource for Food and Stock Co, Denmark (1597/Mas/95) a polymer and a polyester filament yarn made thereby Agriculture will become a law from A process for the selective high efficiency June 29 since already 48 countries 192253. A Cordis Industrial Fibers BV, The Netherlands (1706/Mas/95) hydrogenation of an aromatic hydrocarbon (including India) have ratified it. The cut US and 47 other nations have signed A device for determining the instantaneous the treaty but not ratified it. The 192254. Institut Francais Du Petrole travel speed of documents Avenue De Bois Preau, France treaty is to ensure equitable (78/Mas/96) A process for manufacturing strontium distribution of genetic resources carbonate of above 99 percentage purity 192255. Ascom Monetel S A Rue Claude and to share the benefits with the Chappe, France (362/Mas/96) A novel method for preparation of ethnic conservators and indigenous 192256. Travancore Chemical crystalline polymorph form ii of sertraline breeders. It will facilitate scientists Manufacturing Co Ltd, Tamil Nadu hydrochloride to have systematic access to genetic (1393/Mas/96) A novel recrystallization process for the resources for breeding and research. 192257. Dr Reddy S Laboratories Ltd, preparation of form v of sertraline hydrochloride It also provides for sharing the profits Hyderabad (765/Mas/00) An improved process for conversion of arising out of the use, including 192258. Dr Reddy S Laboratories Ltd, trans n methyl 4 3 4 dichlorophenyl 1 2 commercialization of new varieties Hyderabad (768/Mas/00) 3 4 tetrahydro 1 naphthaleneamine to its even by the private sector. cis n methyl 4 3 4 dichlorophenyl 1 2 3 4 tetrahydro 1 naphthaleneamine an (The Financial Express, 25 April, 04) intermediate of sertraline hydrochloride Contd on...14 Visit us at www.indianpatents.org.in 13
  • 14. An exothermic heterogenous catalytic Contd from...13 192259. Dr Reddy S Laboratories Ltd, synthesis reactors International News ...... Hyderabad (819/Mas/00) A process for producing a hydrowax n The plagiarism detection 192260. Methanol Casale S A, Switzerland (815/Mas/95) softwares are becoming increas- ingly popular along with internet’s 192261. Shell International Research A method of producing a catalyst for Maatschappij B V, The Netherlands copy-enabling power in order to reforming or aromatization (791/Mas/95) restrict white-collared copy-cats. A rotating catalytic cleaning device for 192262. Chevron Philips Chemical Co, gaseous effluents having polluting This technology makes a digital USA (803/Mas/95) substances fingerprint of an entire document 192263. Institut Francais Du Petrole, France A depilatory strip and compares against material on and Bourcier Jacques, France the internet and other sources to (1710/Mas/95) An apparatus for treating particulate check and ensure originality. 192264. Reckitt Colman France, France material with gaseous medium Plagiarism-detection providers (33/Mas/96) A method of producing a wear and rolling include iParadigm LLC, Glatt 192265. G Prem Sagar, Pandiaraj Corsley contact fatigue resistant carbide free Plagiarism Services and MyDropBox Kotagiri, The Nilgris (82/Mas/96) bainitic steel rail LLC. The clients of this software 192266. Corus Uk Ltd, England Method and apparatus for producing a include companies that produce (91/Mas/96) tubular container with closure means instruction or training material, An apparatus forcontinuously annealing attorneys searching for copyright 192267. Plastech Aps, Denmark amorphous alloy coreswith closed (186/Mas/96) violations and military agencies magnetic path that check officers’ applications 192268. Vijai Electricals Ltd, Hyderabad A method of production of a polyvinyl (503/Mas/96) ether compound for promotions. A process for preparing 5 chloro 1 4 (Deccan Chronicle, 7 April, 04) 192269. Idemitsu Kosan Co Ltd, Tokyo fluorophenyl 3 1 2 3 6 tetrahydropyridin (1319/Mas/97) 4 yl indole n The efforts by a group of developing 192270. H Lundbeck A S, Denmark countries led by India and Brazil to An improved inflatable bladder thereof (776/Mas/00) resolve the potential conflict between the TRIPS 192271. Henry K Obermeyer, USA and Connection element for a diversity reception Agreement and the Convention on Robert D Eckman, USA (1111/Cal/96) antenna Biological Diversity (CBD) by A transducer 192272. Saint Gobain Vitrage, France bringing amendments to the TRIPS hit (1640/Cal/96) a major roadblock at the TRIPS Council Apparatus for determining a high voltage 192273. Noise Cancellation Technologies required for programming and or erasure meet last month. The US and Japan Inc, USA (1868/Cal/96) in a programmable and erasable read contended that CBD only semiconductor memory should not be enforced by patent law 192274. Siemens Aktiengesellschaft, Germany (1950/Cal/96) Receiver for receiving a time domain and the discussions in this multiplex downlink signal and regard should take place in WIPO. communication system and method for broadcasting of program According to the developing 192275. Worldspace Inc, USA countries there is a potential disharmony (2094/Cal/96) A magnetic resonance imaging mri scanner subassembly between the CBD which recognises the members’ sovereign rights over A method of preparing 3 alkoxyphenyl 192276. General Electric Company, USA magnesium chlorides their biological resources namely plants, (1265/Cal/97) animals and microorganisms and the A refrigerator in which air curtains are 192277. Grunenthal Gmbh, Germany formed at the cooling compartments TRIPS Agreement which contains no (247/Cal/97) provisions preventing biopiracy acts. Apparatus for the biological purification 192278. Daewoo Electronics Corp, Seoul of waster water (The Economic Times, 11 April, 04) Korea (1057/Cal/97) A process for preparing extra shine shampoo Contd on...15 Visit us at www.indianpatents.org.in 14