MONTHLY
NEWSLETTER KNOWLEDGENTIA CONSULTANTS (JANUARY 2015)
FDI IN MEDICAL DEVICES SEGMENT
EASE FOR FOREIGN TRADE – REF:
–
THE ECONOMIC TIMES, THURSDAY,
REF:
THE
ECONOMIC
TIMES,
WEDNESDAY 07.01.2015
08.01.2015
A move to improvise India’s ranking on Progress and development in neglected
World Bank Doing Business Report has
sector takes off, with the Department of
been
Industrial Policy and Promotion (DIPP)
required for export. The three documents
notifying
as proposed shall be Bill of Lading,
100%
FDI
permissible
in
medical devices through automatic route.
to
reduce
the
documentation
Commercial Invoice and Shipping bill.
This would be a breather for the business houses as earlier this sector was not
This amendment has been sought in
demarcated
of
consonance with the recommendations of
pharmaceutical sector, thus subject to
Directorate General of Foreign Trade and
stringent regulations.
It would impact
other relevant departments. In case, the
the manufacture of medical devices on a
same is implemented it shall augment
higher level along with reducing the
the trade across barriers, both Import as
hurdle of lack of supply of these products
well as export.
and
was
part
for the public at large.
1
SMOKING ENOUGH
– –
IS REF:
LAW
DETERRENT
THE
ECONOMIC
TIMES, WEDNESDAY 14.01.2015
The non-conclusive discussion between Apple
and
Ericsson
on
the
use
of
Wireless technology patents has led to cross
Probably, the answer by the survey of
adjudications
health departments and NGOs is NO. The government
is
further
royalty
in
of
during
etc.
the
Patents
validity in
of
mobile
NOVEL POLYMER FOR ARID AREAS –
employing, using or engaging any person even
plenty
stages.
years of age. It is also advising that 18
decide
These
hurdles are faced at the enforcement
loose cigarettes to anyone below 21
of
US.
technology have converging claims thus
penalty for violation and also ban sale of
age
would
fees
Patents,
anti - smoking laws so as to enhance the
the
in
issues qua, the technology, quantum of
proposing
amendments to the implementation of
under
litigation
REF:
the
THE
TIMES
OF
INDIA,
THURSDAY 15.01.2015
cultivation of tobacco shall amount to an offence for which fine should be Rs. 1 Lac. These recommendations are on the basis of the health surveys and their implementation shall improve the living as well as health of the public at large. Thus, this move shall be an action in rem.
Indian Agriculture Research Institute has developed
a
new
Hydrophilic
super-
NOW APPLE V/S ERICSSON –REF:
absorbent polymer which will optimize
THE TIMES OF INDIA, THURSDAY
the use of water for farming. National
15.01.2015
research and Development Corporation along with Reliance have entered into Commercialization
2
agreement
for
the
said technology. The testing affirms that
TIMES
this polymer shall have no adverse effect
22.01.2015
on
the crop/growth
product.
NRDC
technology
or
is
transfer
on
the final
also
pursuing
of
the
OF
INDIA,
THURSDAY
said
technology. This technology if spread to the mass, shall upsurge the crop growth in rain deficit areas expansively. In WIPO
AFFIRMS
another
long
drawn
battle,
the
Supreme Court expressed its anguish
COMPULSORY
over a matter wherein 20 months of
LICENSING – REF: THE ECONOMIC
adjournments passed in between the
TIMES, THURSDAY 15.01.2015
examination and cross examination of a witness which gave opportunity to the accused to manipulate the witness and the witness changed its stance. During the adjudication in the said matter, the WIPO Chief Francis Gurry has confirmed
Apex Court after confirming the sentence
that
an
of the accused ordered all lower courts
instrument.
not to grant any adjournments during
However, its implementation is tailored
the trial which is the most crucial phase
as per the norms and requirements of a
of a case. The order has been passed,
country. The ongoing discussion amongst
but the implementation till all levels is
India
of
something
compulsory licensing has its roots in the
forward to.
vested
the
ULTRATECH
countries. India however maintains that
APNASTOCK
it is compliant with the WIPO regulations
ECONOMIC
while
2015
Compulsory
internationally
and
recognized
US
on
economic
giving
companies parameters
as of
Licensing
the
aspect
interests
licenses they
to
fall
is
of
generic
within
compulsory
the
licensing
provisions under the statute of Patents. RESPITE
BY
APEX
EXPEDITIOUS
TRIAL
COURT –
REF:
ON THE
3
that
we
ISSUES ETC. TIMES,
all
are
looking
NOTICES
TO
REF:
THE
JANUARY
23,
The king player in Cement industry has
Emami
refrained
its
controlling stake being around 67% in
products. In a move by Ultra Tech it has
Fravin, an Australian company having
issued
and
three subsidiaries. Fravin is majorly into
MaterialTree to cease from selling the
research and development of organic
products of Ultra tech and Birla Cement
personal care products. This is one of the
as they are not the authorized dealers.
major acquisitions by an Indian company
The customers at large are being frauded
made
as one side the products are being sold
avenues for the business growth at large.
online
notice
portals to
Apna
to
offer
Stock
Industries
abroad
and
has
shall
acquired
open
more
at different prices through retail outlets and on different through online portals.
COPYRIGHT ACT – PURVIEW FOR
The other contention is that the pricing
AMENDMENT BY USA - REF: THE
of the products have to be competitive
TIMES
and only then it shall sustain in the
24.01.2015
OF
INDIA,
SATURDAY
market as these days customers are aware about all products and prices and cannot
be
cheated.
Further,
the
customer wants products at low prices and thus the commodity markets have to ensure transparent pricing.
Intellectual property has become a topic where India and USA are mostly on the opposite sides. Immediately after Patent
FRAVIN AN AUSTRALIAN COMPANY
battles,
BEING MAJORLY OWNED BY EMAMI -
US
is
now
demanding
amendments to Copyright Law which
REF: THE TIMES OF INDIA, FRIDAY
have been out rightly rejected by India.
23.01.2015
A few suggestions of US are limiting the number of downloads, bringing ISP under the
ambit
of
restrictions
on
use
of
copyrights as well as curbing the sale of de-encrypting software etc. This move does not seem to go well with India or any other developing country but its proposition by US shows that its financial interests are at stake.
4
INDIA SUPPORTED GLOBALLY FOR IP LAWS REF: THE TIMES OF INDIA, SUNDAY 25.01.2015
Racket of Drugs being purchased via illegal
prescriptions
are
being
sent
abroad through couriers and cuckolding the Customs department who is unable People across the world are supporting
to track these. This rampant abuse has
India against the bullying action of US
precipitated due to online supplies and
pertaining to Intellectual Property laws. Non-government Oxfam,
organizations
Avaaz
along
the tracking system for the same is
like
with
ineffective due to various loop holes.
77000
Avenues for deducing this are being
individuals and 10 organizations have
thought
joined hands to support the laws of India
ensuring
supply
of
enhanced awareness amongst the public of the ill effects of the anti-depressants
thus it is imperative that the laws are not pressure
from
trace
Thus, along with any such mechanism
prices for life threatening diseases and under
and
of the same shall be extremely tedious.
generic
medicines to the world at affordable
changed
track
medicines. However, the implementation
The supporters have highlighted that is
like
mechanism or unique bar coding on
and urging India to sustain the same. India
about
and other medications might deter this
US
misuse.
government which is supported by major pharmaceutical lobby. This move has ©KNOWLEDGENTIA CONSULTANTS E – 71, LGF, GREATER KAILASH – I, NEW DELHI – 110048 Telephone Numbers: Delhi office ‐ 011‐46012100 Chandigarh office ‐ 0172‐2544552 Email: info@knowledgentia.com www.knowledgentia.com
encouraged Indian government as well as the legal philanthropist in favor of subsisting and effective Patent laws. DRUGS
BEING
PURCHASED
VIA
ILLEGAL PRESCRIPTIONS - REF: THE TIMES
OF
INDIA,
THURSDAY
29.01.2015
5