Govt mulls 100% FDI in insurance broking; RBI proposes stricter norms for stressed assets
Govt mulls 100% FDI in insurance broking; RBI proposes stricter norms for stressed assets
Grants 'stable iodizing agent' patent to CSIR; Emphasizes on salt iodization promotion
IPAB sets-aside order of Assistant Controller of Patent and Designs that dismissed appellant, Council of Scientific and Industrial Research's 'stable iodizing agent' patent application, directs grant of claimed patent; Assistant Controller rejected the patent application on the basis of HUL's pre-grant opposition, observing lack of inventive step and non-obviousness; IPAB peruses the materials on record, experimental results, observes that no prior-art recognized the storage of stability of the iodizing agent which could be effectively used in iodizing salt, as claimed by appellant; Thus, holds that, "The appellant has satisfied the requirement of twin tests of "invention" and "patentability" for the grant of Patent to their invention titled as "iodizing agent and process for preparation thereof" for the preparation of stable iodizing agent"; Points out that promotion of salt iodization, especially in developing world, has been a health priority of many public and private agencies including WHO, UNICEF, & others:Chennai IPAB
The order was given by Justice K.N.Basha and Shri D.P.S.Parmar.
Mr. Sanjeev Tiwari and Ms. Valini Panda argued on behalf of the appellant.
Dear Patrons,
Recently, Westland Ltd, the Tata Group-owned publisher of author Amish Kumar's latest novel -`Scion of Ikshvaku', filed a copyright infringement case against Flipkart.com. It alleged that Flipkart had violated copyright & Information Technology Act by selling the novel on its platform, as Westland had exclusive deal with Amazon.com to sell the novel, as per the media reports.
Mr. Kartik Chawla of Spicy IP analyses this case and talks about liabilities of e-commerce platforms. He states that since it is the seller who is directly liable for selling the book online, e-commerce platform carries a secondary or intermediary liability, however, he points out that there are no rules governing intermediary liability. On the other hand, he mentions that Copyright Act makes it an offence to 'knowingly' abet the infringement of a copyrighted a work, thus, if Flipkart sold goods on its platform knowing that it would amount to infringement, it would be held liable for infringement. Arguing for Flipkart, he states that, "Flipkart here, cannot police each and every product that is put on its site for sale for copyright infringement – and it doesn't make economic or practical sense for it to do so."
Click here to read this IP Corner story : "Westland v. Flipkart – Online Marketplaces and Questions of Intermediary Liability" by Mr. Kartik Chawla.
Best Regards,
LSI Team
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