FICPI INDIA SYMPOSIUM
New Delhi

9-11 December 2009

Presentations
  • Today's India is a vibrant and pulsating place of growth and new networking opportunities. FICPI organised a Symposium at New Delhi on 9-11 December 2009 with leading speakers including Judge Fysh (UK), officials from WIPO, The EPO and IP India.

    The two-day programme - Detailed Working Programme - featured among others a live panel discussions with CEOs from Indian industry plus members of FICPI and CII, an assessment of patentability in India, a comparison of patent examination and opposition practice in Europe, India and elsewhere.

  • We have pleasure in making available some of the interesting Symposium presentations in electronic form.


  • n/a = not available
  FIRST DAY - 10 DECEMBER 2009  
SESSIONS Speaker Full Document
OPENING SESSION
Welcome addresses
Mr. Peter Huntsman - (CV)
President of FICPI
n/a
Dr. K.S. Kardam
Deputy Controller of Patents & Designs, IP India
n/a
Mr. Francis Grosser - (CV)
President, FICPI India
n/a
CEO PANEL DISCUSSION
CEOs from different branches of Indian Industry will discuss the challenges that they face and the opportunities afforded by intellectual property rights. Representatives of the Confederation of Indian Industry (CII) will take part in the discussion.
Moderator: Mr. Peter Huntsman n/a
Speakers including:
Mr. Anjan Das (CII), Ms. H.S. Zaveri - (CV) - (NRB Bearings Ltd.), Dr. Prabuddha Ganguli - (CV) - (Vision IPR), Mr. Ramesh Adige (CV) - (Ranbaxy Laboratories Ltd.), Mr. Harpal Singh - (CV) - (Fortis Healthcare Ltd.), Mr. Bobby Bedi (Kaleidoscope Entertainment Pvt. Ltd.)
n/a
SESSION 1 Speaker Full Document
Historical Background and TK issues
It has long been known that pain and inflammation can be reduced by chewing certain plant materials such as willow bark. It was eventually discovered that the active ingredient was salicin (a derivative of salicylic acid) and salicylic acid became available as an analgesic late in the 19th century, despite its serious irritant effect on the stomach. Research by Felix Hoffman resulted in the acetyl derivative which turned out to be much less irritating and which was marketed as ASPIRIN from 1899. The panel will discuss how the traditional use of willow bark would be seen today and how, if at all, this "traditional knowledge" could be protected. The work of the WIPO Intergovernmental Committee on dealing with knowledge and genetic resources will be reviewed.
Moderator:
Mr. Daniel Alge (AT) - (CV)
Introduction
Mr. Bastiaan Koster (ZA) - (CV) An overview of Traditional Knowledge, the achievements and the way forward
Mr. Shamnad Basheer (IN) - (CV) Leveraging Indian Traditional Knowledge: The Way Forward
SESSION 2 Speaker Full Document
Patentability issues
The panel will discuss the patentability of salicylic acid derivatives (including aspirin) on the basis that salicylic acid and its clinical properties were already known. The patentability of a notional further derivative to which we have given the name FICPIRIN will be reviewed. The original US Patent for aspirin was very narrow in scope. Could it have been claimed more broadly based on modern patent laws? If so, would FICPIRIN infringe?
Moderator:
Mr. David Bannerman (GB) - (CV)
Introduction
Mr. Len Svensson (US) - >(CV)
presented by Mark Wilson (US) - (CV)
Patentability of salicylic acid derivatives - US perspective
Mr. Roberto Pistolesi (IT) - (CV) Patentability of Salicylic Acid Derivatives
Ms. Hiroko Ejiri (JP) - (CV) Patentability issues in Japan
Mr. V. Lakshmikumaran (IN) - (CV) Patentability of Salicylic Acid Derivatives over Salicylic Acid - Indian Perspective
SESSION 3 Speaker Full Document
Patentability of further medical indications
The patentability of further medical uses of aspirin will be discussed, on the assumption that only its anti-inflammatory and analgesic properties are already known. The panel will consider what, if any, protection could be obtained for further medical indications in the major patent jurisdictions, in particular the USPTO, the EPO, the JPO and IP India.
Moderator:
Mr. Shozo Uemura (JP) - (CV)
n/a
Mr. Nicholas Jones (GB) - (CV) Patentability of further medical indications - Europe
Mr. Hari Subramanian (IN) - (CV)
presented by Guru Nataraj (IN) - (CV)
Patentability of second medical use in India
Mr. Mark Wilson (US) - (CV) Patentability of new medical uses in the United States
Mr. David Cheng (CN) - (CV) Patentability of further medical use in China
SESSION 4 Speaker Full Document
Generic pharma v. research-based pharma
India is well-known for its generic pharma industry. The panel will review the legal issues facing a generics company in different jurisdictions when considering commercialising a drug. How can a research-based pharma company preserve a measure of exclusivity, for example by "evergreening"? The Indian pharma industry is now developing its own drugs and this will be discussed.
Moderator:
Mr. Pravin Anand (IN)
n/a
Mr. Danny Huntington (US) - .pdf">(CV) Paragraph IV Litigation in the United States
HH Judge Michael Fysh, QC SC (GB) - (CV) Should the employee-inventor be compensated for 'outstanding inventions'?
Mr. Larry Welch (US) - (CV) Important IP issues for Innovator Pharma in India
Ms. Dr. Poonam Raghuvanshi (IN) - (CV) Establishing an IP-related R&D culture
   
  SECOND DAY - 11 DECEMBER 2009  
SESSION 5 Speaker Full Document
Trademark protection of shapes and colour
The makers of FICPIRIN have developed a novel and distinctive shape and colour for their newest pharmaceutical tablet. In this session speakers will consider the issues surrounding the trademark protection of particular colours and shapes. North American, Asian and European experts will discuss the potential for colour and shape trademark protection in various jurisdictions as well as some of the anticipated problems. Also discussed will be the factors at play when prosecuting an application, including issues surrounding formalities. Anticipated enforcement difficulties will also be considered. Finally, speakers will explain the prospects for using trademark protection to achieve exclusivity during and after the life of the associated patent.
Moderator:
Mr. Neel Mason (IN) - (CV)
n/a
Mr. Brett Lewis (AU) - (CV) Protection of colour & shape Trade Marks in Australia
Ms. Elia Sugrañes (ES) - (CV) Trademark protection of shapes and colour - Europe
Mr. Ho-Hyun Nahm (KR) - (CV) Trademark protection of shapes and colour - Korea
Ms. Tony Ashton (CA) - (CV) Trademark protection of shapes and colour in Canada
SESSION 6 Speaker Full Document
Protection of IT and software
Software development in India today has worldwide importance. There is hardly any global IT company without development facilities in this country. By way of a practical example the panelists will compare the possibilities of patent protection for software inventions in different countries with a focus on India.
Moderator:
Mr. Alexander Esslinger (DE) - (CV)
Mr. Yoshikazu Tani (JP) - (CV) Protection of IT and software
Mr. Brett Slaney (CA) - (CV) Patentability of IT and business method inventions in the USA
Mr. Essenese Obhan (KR) - (CV) Patentability of software inventions in India
SESSION 7 Speaker Full Document
Patent examination practice, including opposition
India has always been a patent-importing country. Recent industrial and technological developments have made India one of the most promising markets for European and American industry, so that there is an ever-increasing interest in filing Indian patent applications. Also, development of technology within India is leading to an increase in patent filings by Indian companies: many of them have begun to file applications in China, Japan, USA and Europe. Although the modern Indian patent system is based to a large extent on the EPC, there are some significant differences between the two systems.
Moderator:
Mr. Francesco Paolo Vatti (IT) - (CV)
n/a
Mr. Miguel Herrera (EPO) - (CV) The life of a file: from filing to appeal
Dr. K.S. Kardam (IP India) Examination practice and opposition procedure in Indian Patent Office
Mr. Sharad Vadehra (IN) - (CV) Patent examination practice including opposition
SESSION 8 Speaker Full Document
IP off-shore outsourcing
IP off-shore outsourcing is about companies sourcing in IP services from vendors or their own captive centres located in countries like India, where the revenues have been estimated at $46m for the calendar year 2007. Examples of services are proofreading of issued US patents, remote updating of electronic docket, paralegal and administrative assistance (for preparing forms and applications), novelty searches, validity studies, freedom to operate search and analysis, patent analytics (patent mapping & landscaping) and patent drawing preparation. The business is driven by scalable and low skill intensive functions such as paralegal and administrative support. Search and analysis, though high on the skill scale, form a large chunk of the business. This session has a panel of speakers who have practical experience in building and validating IP outsourcing.
Moderator:
Mr. Jan Modin (SE) - (CV)
n/a
Mr. Manoj Pillai (IN) India's patent outsourcing industry
Mr. Dan Collopy (US)
Mr. Martin Shively (IN) - (CV) What exactly is an "LPO" and why should I care?
SESSION 9 Speaker Full Document
Presentations of FICPI and FICPI India
What is FICPI and the Indian Section of FICPI? Senior officials from both organisations will explain what they are and what they do. FICPI is the only worldwide professional association exclusively for high-quality patent attorneys in private practice. How does it benefit its members? How does it develop positions in IP legislation, both current and proposed, and thus seek to influence the relevant legislative bodies with the aim of improving IP laws and procedures to the benefit of both active and passive users of the IP systems?
Moderator:
Mr. Danny Huntington (US) - (CV)
n/a
Mr. Peter Huntsman (AU) - (CV) Acting for IP world-wide. What is FICPI?
Mr. Eric LeForestier (FR) - (CV) FICPI CET - Study and Work Commission
Mr. Sharad Vadehra (FR) - (CV) >FICPI India
 
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  last updated: June 1, 2010