Patent rights

LEGAL DIGEST

Two companies are embroiled in a litigation over the patents right for a Hepatitis C diagnostic kit. Gujarat-based Span Diagnostics Limited has filed a petition before the Delhi High Court challenging the decision of the controller, patents office, to award the right to J Mitra. The latter got the award in September this year.

A few days later, Span, in its petition, alleged that the controller had failed to consider its objections while making its decision. It said the controller further did not take into account a US patent pertaining to a similar kit.

Meanwhile, J Mitra has also filed an application before a single judge bench, seeking a restraint order against Span. The latter has been restrained from manufacturing the diagnostic kit and its sale until J Mitra's application is disposed of. J Mitra has claimed that its kit is the only WHO approved machine to diagnose Hepatitis C.

Trademark dispute

Switzerland-based Parke Davis and Company LLC has filed a case in the Delhi High Court against Chandigarh-based Capsugel India Limited, to prevent the latter from using the Capsugel mark as a trading style or part of the trademark.

On October 30, the court granted an ex-parte injunction against Capsugel India Limited. However, it appealed before a division bench, stating that it had been using the name for 25 years and had a trademark in its favour.

The division bench has fixed January 4 as the next date of hearing. Parke Davis has stated in its petition that it had been using the registered trademark since 1962.

The company manufactures gelatin capsule shells and was supplying to India in the 1980s and 90s. In 2006, Parke Davis gave a licence to Capsugel Healthcare Limited, a subsidiary set up in Rewari by the Pfizer group.

CAS tariffs

Several petitions challenging the fixation of tariff rates under the Conditional Access System (CAS) have been clubbed together by the Delhi High Court.

A division bench of Justice Mukul Mudgal and Justice J P Singh yesterday gave the government one last chance to complete its pleadings in writing, before final hearing begins in the case.

Senior counsel and former attorney general Soli Sorabjee will lead the arguments in the case. Top of the line attorneys, including two solicitor generals and senior advocate Abhishek Manu Singhvi, will argue on behalf of the government.

The Telecom Regulatory Authority of India (TRAI) has already filed its written submission rejecting the offer made by Star India to implement the Chennai model of CAS, stating that it had failed there.

Copyright dispute

Is rental income from DVD libraries illegal? This question is a subject of litigation before the Delhi High Court, where Warner Brothers and Entertainment has sought a restraint order against a video library owner from renting out its original DVDs or their copies.

According to the petition, the library owner must have a licence from Warner Brothers for renting out its DVDs.

The Delhi High Court has already issued a notice to the respondent. It has also issued a restraint order prohibiting the library owner from importing into India for sale or rent cinematograph films copyright for which vests in Warner Brothers.