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Samsung India Electronics Pvt. Ltd, Indian arm of Samsung Electronics Co. Ltd has challenged the constitutionality of India’s customs regulations governing the import of IP goods in Delhi High Court by filing a writ petition. Samsung India is aggrieved by action of the Indian customs department that is not clearing its imports of dual-SIM-card mobile phones in view of application for registration of patent rights filed by the patentee in respect of similar technology with custom office. More precisely Samsung India has challenged the custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 read with Circular No. 41/2007 Custom Circular dated 29.10.2007 called Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 issued by Central Board of Excise and Customs. Under said provisions any right holder (patentee or licensee) can register his/their patent for a period of 5 years with intellectual property rights cell of Office of Commissioner of customs on filing of an application along with grounds of suspicion, brief disclosure of technology and executing an indemnity bond. 

The brief history of the matter is as follows:

March 4, 2002               Patent Application filed in the Chennai Patent Office with 4 claims and 12 drawings being Patent Application no. 161/MAS/2002 titled as “Mobile Phone with multiple number of SIM Cards to receive and/or to send multiple number of signals at a time”

March 03, 2003             PCT application filed in WIPO PCT/IN03/00044

September 12, 2003       International Publication no. WO 03/75543 A2 with 11 claims and 11 drawings, titled as “Mobile phone with multiple number of SIMCards to transreceive multiple number of mobile companies towers at a time”

January 4, 2004            Amended claims filed on WIPO, 11 claims replaced by 19 claims, first time plurality of headphone/earphone jacks or plugs are disclosed.

January 8, 2004            International Search Report was published on WIPO

March 4, 2004               Amended claimed published on WIPO

January 5, 2006            Revised ISR published on WIPO

January 23, 2006          Amended Claims filed before WIPO, claims increased to 17 from 11

April 6, 2006                  Amended claims with statement published on WIPO    

November 17, 2006        Patent Application was amended, no. of claims was increased to 20, drawings to 13 and title was changed to “Mobile telephone having a plurality of SIMcards allocated to different communication networks”. First time plurality of headphone/ earphone jacks, plurality of headphone/ earphone plugs and plurality of Bluetooth devices were disclosed and claimed.

June 1, 2007                 Patent Application published in Indian Patent Journal with 20 claims, titled as “Mobile telephone having a plurality of SIMcards allocated to different communication”

February 11, 2008         Patent Granted being Patent No.  214388

December 08, 2008        Defendant no. 1 filed an e-application no. UTRN0.TINMAA4PR0009 with Officer of Commissioner of customs, intellectual property rights cell at Chennai under under custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 read with Circular No. 41/2007 Custom Circular dated 29.10.2007 called Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 issued by Central Board of Excise and Customs

January 27, 2009          Office of Commissioner of customs, intellectual property rights cell at Chennai communicated vide letter no. F No.SIIB/IPR/1/08-ACC to Defendant no. 1 that his application has been registered and has been allotted UPRNo. A01671NMAA4PR.

The claims that are allowed to Mr. Ram Kumar by Chennai Patent Office are related to mobile instruments having provision for plurality of current or modified sim sockets for accommodating plurality of current or modified sim cards and essentially having plurality of  headphone/earphone jacks for accepting plurality of headphone/earphone plugs and/or plurality of Bluetooth devices in order to operate simultaneously so as a plurality of incoming/ outgoing calls can be communicated simultaneously with respective simcards. The above invention is totally different from dual-sim technology as dual sim technology envisage mobile devices with incorporation of plurality of sim cards, and the present patent is step further then that as mobile device disclosed here has a  provision for plurality of sim sockets for accommodating plurality of sim cards and having plurality of  headphone/earphone jacks for accepting plurality of headphone/earphone plugs and/or plurality of Bluetooth devices to operate simultaneously so that a plurality of incoming/ outgoing calls can be communicated simultaneously with respective simcards.

This is not for the first time that provisions of Indian Laws are challenged by MNC companies, Novartis has in the past tried same. But in the instant matter there is nothing wrong in the Indian Custom regulations, if any fault can be attributed it has to be on Chennai Patent office that has granted a Patent with title that is confusing the custom authority, which being non technical are not clearing the shipments. Though the brief disclosure of technology by Mr. Ram Kumar made to Custom office makes it clear that his invention is different from dual sim or multi sim technology.

As per Rule 7 of the custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 if Deputy Commissioner of Customs or Assistant Commissioner of Customs (suo motto or on a notice by patentee) has reasons to believe that imported goods are suspected to be goods infringing IP rights, he has to suspend the clearance of goods.  In case of suo motto action Deputy Commissioner of Customs or Assistant Commissioner of Customs must have some prima facie evidence or reasonable grounds. The reasons of suspension have to be immediately issued to importer, right holder (patentee or licensee) or their respective authorised representative by speed post or fax/email. There is provision that if the right holder or his authorised representative does not join the proceedings within 10 working days from date of suspension of clearance (or within further extended period of 10 days in appropriate cases), the case may be decided ex parte on merit and goods could be cleared.

Further in case of suo motto action the right holder has to file an application/ notice and execute indemnity bond etc. within 5 working days from suspension of clearance otherwise the custom office has to release the goods subject to other requirements under custom act.

Therefore Indian Customs regulations provide reasonable opportunity to importers whose goods are not cleared. The stipulated time frame for representation is also just and if any loss or damages are caused to importer because of any such non-action, they could seek damages as custom authorities are indemnified by the right holder. Further, the issue of technology has to be settled by one importer once in respect of a particular patented product and henceforth the decision could be relied by importer as well as custom authorities.    

It has been a settled principal of law where alternative remedy is available resort to writ petitions (extra ordinary jurisdiction) should not be taken. Apart from administrative relief from the custom authorities the importers could also take relief under Section 105 of the Indian Patent Act by filing a suit in the court for declaration that there product is not infringing a particular patent.

Further mobile instruments under no circumstances can be said to be perishable goods that will get perish if not cleared within a time frame by custom authorities warranting exercise of extraordinary jurisdiction.

As per the recent information; the Samsung has withdrawn the writ petition and Ramkumar has got a stay again Samsung and many others mobile companies apart from Micromax which has filed a declaration suit under Section 105 of the Indian Patent Act that their instrument does not violate Ramkumar’s Patent and has got a stay order from the Gurgaon District Court.    

 



By: Sudhir Kumar

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Have you ever thought of how wild birds can handle the cold weather? Another day I was having my breakfast watching the birds from my window and this thought came to my mind.

During the cold winter months we use blankets and stay indoors where we have heat. What about the birds? I decided to do a search through the internet to get some knowledge about these little creatures that look so fragile. I learned a lot of things and now I would like to share them with you.

I learned that they don’t need us humans to help them survive; just like most animals, they can defend themselves against the harsh cold weather. Some birds migrate during the winter season to places with warmer temperatures. Usually the birds that migrate are insect eating and they have to migrate because the insects dormant in the winter.

The other birds that eat berries, fruits and seeds such as woodpeckers, chickadees, nuthatches, grosbeaks, finches, red polls, crossbills, snow buntings, cardinals,waxwings, magpies, jays, ravens, crows, house sparrows, and starlings stay in the cold winter.

Birds eat continuously during the winter to store up fat. They use this extra fat at night to create heat. When birds don’t find a bird feeder with sunflower seeds, safflower seeds, suet or peanuts they eat berries from the trees such as holly, hawthorn, crab apple, birch and elder. These threes produce small red berries which are an emergency source of food for birds int he winter time.

If you decide to help your feathered friends this winter, provide them with a bird feeder. Look for feeders that have drain holes to keep the seeds dry after the rain or after a harsh snowy weather. If you have an open bird feeder, keep your feeder under your porch or in a location that you know the seeds will be dry and the wind will not blow the seeds away. Just keep in mind that open bird feeders attract squirrels and they will enjoy the bird’s food too.

Some suggestions for squirrel proof bird feeders are the Absolute II Squirrel Proof Birdfeeder, the Birdseed Vault II Squirrel Proof Feeder and the Super Stop-A-Squirrel Proof Bird Feeder. They are made of durable metal which can resist harsh weather and keep the squirrels out of the bird food.They have drain holes to keep the seeds dry. They also have an adjustable perch so you can watch your favorite birds eating their scrumptious meal. The adjustable perches allow you to set the weight so you can choose if a larger bird will be able to access the bird seeds.

Birds grow additional feathers in the fall which fluff up and create pockets of warm air next to the skin. The feathers are used as insulation to keep them warm during the cool days and cold nights and to protect them from getting wet when it rains or snows. They also help to keep their eggs and their little ones warm. Their feathers can be used as camouflage to protect themselves against predators.

A way to protect the birds from getting wet and cold would be by providing a bird house to keep them warm. A bird house is a safe place to lay their eggs, raise their babies and to protect them against predators.

To attract birds to your bird house you should place a bird house in the right spot such as large trees, (Preferably 15 feet above the ground.) on a metal pole far from bird feeders and under the eaves of your house. The reason to place a bird house far from a bird feeder is because the food can attract predators such as cats, chipmunks, cowbirds, crows, falcons,grackles, hawks, jays, owls, raccoons, roadrunners, snakes, and squirrels who will eat the bird food, make the birds food and even eat the little birds before and after they hatch.

Birds have a unique way to nest that’s different from other birds. When positioning your birdhouse in your yard or garden do a search to find out how to attract your favorite birds. Songbirds such as white-throated sparrow, painted bunting, northern cardinal, like to nest in shrub style vegetation.Other birds such as the pine warbler, yellow-throated warbler,chickadees, prefer to nest 15 feet above the ground. Birds such as bluebirds and the nuthatches prefer to nest in a abandoned woodpecker holes.

When buying a bird house look for the ones that have a natural look to them. Birds like birdhouses that resemble nature over a bird house with a fresh coat of paint. I recommend taking a look at our natural looking bird houses.The El Madrid Bird House and the Seville Bird House are modeled after Spanish styled homes built during the housing boom in Florida between1923 and 1929. They are hand crafted in wood and resemble nature.Another bird house I would recommend is the Moose Lodge Wood Birdhouse,which is created of wood and moss.

You have now provided your feathered friends with a bird feeder and a bird house. What could you possibly do for them now? Offer them fresh water by providing a birdbath. Keep your bird bath clean and fill it with fresh water often. The best location to place a bird bath is between trees and scrubs.

You may live in an area where the weather is freezing. You should buy a heated birdbath to keep the water from freezing up. Some products such as our Rocky Mountain Bird Bath with heater and dripper and the Heated Bird Bath 20 inch will keep the water from freezing.

I am glad that I did this search and I got the knowledge about these little creatures. Now I know that I can do something to help them pass through the harsh weather that will come.

What about you? Can you make a difference in a bird’s life?

By: Christopher A Benson

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Parrots are swiftly becoming one of the most popular household pets, and with good reason. They are beautiful, highly intelligent, playful and loving. However, parrots are an enormous responsibility. Those traits that endear them to us are also the ones that ultimately lead to their abandonment. Here are some things to consider before buying a parrot.

Start by researching different types of parrots, since all species have different traits and personalities. It might be best to start with a smaller species such as a cockatiel. They are a little easier to handle and still have wonderful personalities.

It’s important to consider the initial as well as recurring costs of owning a bird. Parakeets cost about $25 each, but larger species range from $400 to over $2000. Factor in the initial cost of a vet bills, cage and toys. Recurring costs include vet care and food. Food requirements are complex and vary depending on the species; seed-only diets are not acceptable.

Birds have very sensitive bodies, especially the respiratory system. It is critical to be aware of potential hazards in the home, as well as in the bird’s diet. Toxic and potentially deadly items include avocados; any food or drink containing chocolate or caffeine; numerous species of plants; fumes from Teflon cookware or self-cleaning ovens; and scented candles and air fresheners.

Parrots can be loud. They love to sometimes cream, whistle, and talk. Most species will not make good pets for people living in attached housing. They also have the potential to cause damage, especially to moldings and anything else made of wood.

Prospective owners need to take a realistic look at the time they have available to spend with a parrot. Birds need lots of time outside their cages, for both attention and exercise. All birds should always be supervised, especially when the household contains birds of different sizes. They also need discipline and training. Birds are very smart and can exhibit behaviors close to that of children, such as screaming when they want attention and getting into things that are dangerous or harmful.Any bird should be examined by a veterinarian immediately after purchase. When other birds are already living in the home, the new bird should be quarantined for at least 30 days after arriving home. This will ensure existing birds are not exposed to hidden illnesses or diseases.Potential owners must be prepared to have the bird for many years to come. Parrots can live anywhere from 60 – 85 years. They become very closely linked to their families. Locate a trusted and reliable person to watch the birds during vacations and emergencies. It could be a friend or family member, or a pet sitter.

Ongoing education is crucial. There are excellent resources available, such as magazines, books, training videos, seminars and websites. Information covers diet, health, behavior and training.

Parrots are very entertaining, loving, intelligent and rewarding companions. They can bring much happiness, joy and laughter to families. However, owners need to do thorough research before deciding to give one (or more) a place in their homes – and hearts.

By: John D Sinclaire

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