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  • Shwetasree Majumder and Harsimran Kalra of Fidus Law Chambers consider whether it’s time for a legislative overhaul to stop the ambush marketing of sporting events
  • Dr Malathi Lakshmikumaran and Badri Narayanan of Lakshmikumaran & Sridharan (L&S) consider the changing face of patent law
  • Welcome to Managing IP's seventh India IP Focus. Not only is this year's edition by far the largest ever, with 20 articles, it is also the first to be published as a separate supplement. This move shows the increasing importance of intellectual property to companies doing business in India and also the increasing range of topics that IP owners need to be familiar with.
  • Shantanu Sahay of Anand and Anand Advocates, Delhi considers the continuing development of IP
  • Alendronate is marketed by Merck as Fosomax, which has annual worldwide sales of over $1 billion.
  • The doctrine of exhaustion or the first sale rule affirms the exhaustion of an asset's intellectual property rights vested with its owner after its first use or sale. As a result, no further control can be exercised by the owner vis-à-vis distribution or resale of the product. Applying the principle more specifically to the realm of copyrights, it allows the purchaser to sell or give away a legally made copy of a copyrighted work without permission once it has been obtained. The copyright holder's right to control any further change in ownership of a particular copy ends once that copy is sold, as long as no additional copies are made. Thus, the rule of exhaustion has the power to interfere with the copyright owner's exclusive market position, reducing any leeway for price differentiation and exposing the product to intensified price competition.
  • Manisha Singh Nair of LEXORBIS IP Practice discusses recent court decisions in relation to pharmaceutical patents
  • Fionn O’Raghallaigh and Emma Barraclough, London
  • Where is the line between patent-protectable new medical indications and ineffective dietary supplements (the latter not being eligible for use-restricted product protection under the EPC)?
  • While win rate is important, the role of appeals decisions and the quality of the courts also need to be considered when planning litigation, as Iain Campbell of WL Gore tells Simon Crompton