Sunday, January 6, 2013

Rethinking bacterial persistence

Friday, January 4, 2013

It's often difficult to completely eliminate a bacterial infection with antibiotics; part of the population usually manages to survive. We've known about this phenomenon for quite some time, dating back nearly to the discovery of penicillin. For more than 50 years, scientists have believed that the resistant bacteria were individuals that had stopped growing and dividing.

Up to now, in fact, it hasn't been possible to track the growth of cells before and after their exposure to antibiotics, which makes any analysis of the phenomenon quite imprecise. "Using microfluidics, we can now observe every bacterium individually, instead of having to count a population," says John McKinney, director of EPFL's Microbiology and Microsystems Laboratory (LMIC).

Active survivors

This new tool has revealed quite a few surprises. "We thought that surviving bacteria made up a fixed population that stopped dividing, but instead we found that some of them continued to divide and others died. The persistent population is thus very dynamic, and the cells that constitute it are constantly changing ? even though the total number of cells remains the same. Because they're dividing, the bacteria can mutate and thus develop resistance in the presence of the antibiotic," explains LMIC scientist Neeraj Dhar.

This point is extremely important. "We were able to eliminate a purely genetic explanation of the phenomenon," continues Dhar. In other words, "a population of genetically identical bacteria consists of individuals with widely varying behavior. Some of them can adapt to stressors that they have not previously encountered, thanks to the selection of persistent individuals. This could lead to a revision of the entire theory of adaptation," says McKinney.

Intermittent efficiency

The EPFL scientists were particularly interested in a relative of the tuberculosis bacterium. Their observations enabled them to formally challenge the argument that persistent bacteria are those that have stopped growing and dividing. "We were able to reveal the role of an enzyme whose presence is necessary in order for the antibiotic to work, and show that the bacilli produced this enzyme in a pulsatile and random manner," explains Dhar. "Our measurements showed that bacterial death correlated more closely with the expression of this enzyme than with their growth factor." The research is being published this week in Science magazine.

These conclusions could mark the beginning of a new theory of bacterial resistance, or perhaps even introduce a new view of how such resistance evolves. Further research is being done using other microorganisms, such as tuberculosis and E. colibacteria. The persistence of some cancer cells to treatment could also be studied in a different manner. "It's a new approach for trying to figure out why some infections are so difficult to eliminate. The techniques we've developed for this study are now also being used to develop new antibiotics, in collaboration with pharmaceutical companies," says McKinney, adding that "it is the microengineering expertise at EPFL that has enabled us to create these innovative tools and open up new avenues for investigation."

###

Ecole Polytechnique F?d?rale de Lausanne: http://www.epfl.ch/index.en.html

Thanks to Ecole Polytechnique F?d?rale de Lausanne for this article.

This press release was posted to serve as a topic for discussion. Please comment below. We try our best to only post press releases that are associated with peer reviewed scientific literature. Critical discussions of the research are appreciated. If you need help finding a link to the original article, please contact us on twitter or via e-mail.

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Source: http://www.labspaces.net/126133/Rethinking_bacterial_persistence_

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Shifting the balance between good fat and bad fat

Jan. 4, 2013 ? In many cases, obesity is caused by more than just overeating and a lack of exercise. Something in the body goes haywire, causing it to store more fat and burn less energy. But what is it? Sanford-Burnham researchers have a new theory -- a protein called p62. According to a study the team published December 21 in the Journal of Clinical Investigation, when p62 is missing in fat tissue, the body's metabolic balance shifts -- inhibiting "good" brown fat, while favoring "bad" white fat. These findings indicate that p62 might make a promising target for new therapies aimed at curbing obesity.

"Without p62 you're making lots of fat but not burning energy, and the body thinks it needs to store energy," said Jorge Moscat, Ph.D., Sanford-Burnham professor. "It's a double whammy." Moscat led the study with collaborators at Helmholtz Zentrum M?nchen in Germany and the University of Cincinnati.

p62 and obesity

Moscat's team had previously produced mice that completely lack the p62 protein everywhere in their bodies. As a result, the animals were obese. They also had metabolic syndrome. In other words, as compared to mice with p62, mice lacking p62 weighed more, expended less energy, had diabetes and had a hyper-inflammatory response that's characteristic of obesity.

While those results showed that the lack of p62 leads to obesity, "we didn't know which tissue was responsible for these effects, because p62 was missing in all of them," Moscat said.

Some researchers believe that muscle tissue, where energy is expended, controls obesity. Others suspect the liver is a key player, or that the brain's appetite control center is most responsible for obesity.

But then there's fat itself -- both white fat and brown fat. White fat is the type we think of as unwanted body fat. Brown fat, on the other hand, is beneficial because it burns calories. Many researchers now believe that brown fat somehow malfunctions in obesity, but the details are unclear.

p62 shifts the balance between white fat and brown fat

In their latest study, Moscat and colleagues set out to pinpoint the specific tissue responsible for obesity when p62 is missing. They made several different mouse models, each missing p62 in just one specific organ system, such as the central nervous system, the liver, or muscle. In every case, the mice were normal. They weren't obese like the mice lacking p62 everywhere.

Then they made a mouse model lacking p62 only in their fat tissue. These mice were obese, just like the mice missing p62 in all tissues. Upon further study, the researchers found that p62 blocks the action of an enzyme called ERK while activating another enzyme called p38. When p62 is missing, the enzyme p38 is less active in brown fat, while ERK is more active in white fat. As a result, Moscat said, p62 is "a master regulator" in normal fat metabolism.

According to Moscat, the discovery of p62's role in brown fat tissue is encouraging, because fat tissue is much more accessible than other parts of the body -- the brain, for example -- for potential drug therapies. "This makes it easier to think about new strategies to control obesity," he said.

New methods for preventing or treating obesity, a major epidemic in the United States, are urgently needed. Drug therapies designed to minimize the intake of food have had limited success and also produce considerable side effects.

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Story Source:

The above story is reprinted from materials provided by Sanford-Burnham Medical Research Institute. The original article was written by Bruce Lieberman.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Timo D. M?ller, Sang Jun Lee, Martin Jastroch, Dhiraj Kabra, Kerstin Stemmer, Michaela Aichler, Bill Abplanalp, Gayathri Ananthakrishnan, Nakul Bhardwaj, Sheila Collins, Senad Divanovic, Max Endele, Brian Finan, Yuanqing Gao, Kirk M. Habegger, Jazzmin Hembree, Kristy M. Heppner, Susanna Hofmann, Jenna Holland, Daniela K?chler, Maria Kutschke, Radha Krishna, Maarit Lehti, Rebecca Oelkrug, Nickki Ottaway, Diego Perez-Tilve, Christine Raver, Axel K. Walch, Sonja C. Schriever, John Speakman, Yu-Hua Tseng, Maria Diaz-Meco, Paul T. Pfluger, Jorge Moscat, Matthias H. Tsch?p. p62 Links ?-adrenergic input to mitochondrial function and thermogenesis. Journal of Clinical Investigation, 2012; 123 (1): 469 DOI: 10.1172/JCI64209

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/health_medicine/nutrition/~3/XkVjPMyx_e0/130104143704.htm

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Iran says talks with big powers to be held in January

NEW DELHI (Reuters) - Iran has agreed to hold talks with six major powers about its atomic program in January but the date and venue has yet to be decided, the country's top nuclear negotiator said on Friday.

The six powers want to rein in Iran's uranium enrichment program to ensure it is geared only for civilian energy, through a mix of diplomacy and sanctions. Iran denies Western assertions it is seeking nuclear weapons capability.

"We have accepted that these talks should be held in January, but until now, the details have not been finalized," Jalili said through a translator during a trip to India.

The six powers - the United States, Russia, France, Britain, Germany and China - have failed to achieve a breakthrough in three rounds of talks since April. But neither side has been willing to break off totally, partly because of concern this could lead to war if Israel attacked its arch-foe.

The powers last met Iran for talks in Moscow. That meeting was followed by low-level technical talks in Istanbul.

Jalili is the second member of Iran's nuclear team to visit India in the past month. He said he welcomed the two countries' strong ties but said India had no particular role in getting nuclear talks restarted.

(Reporting by Frank Jack Daniel; Editing by Robert Birsel)

Source: http://news.yahoo.com/iran-says-talks-big-powers-held-january-075256700.html

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Saturday, January 5, 2013

Fiscal Cliff Poll Finds Divided Opinion Over Agreement

  • Sen. Saxby Chambliss (R-Ga.)

    Chambliss, a conservative Republican up for reelection in 2014, started the <a href="http://www.washingtonpost.com/blogs/the-fix/wp/2012/11/26/the-gops-read-my-lips-moment/" target="_hplink">media surge</a> of prominent GOP lawmakers breaking ranks with Norquist last week. He told a local news station on Nov. 21 that he thought the pledge itself was <a href="http://www.huffingtonpost.com/2012/11/23/saxby-chambliss-grover-norquist_n_2177333.html" target="_hplink">outdated</a>. "I care too much about my country -- I care a lot more about it than I do about Grover Norquist," Chambliss said. "Norquist has no plan to pay this debt down. His plan says you continue to add to the debt, and I just have a fundamental disagreement about that and I'm willing to do the right thing and let the political consequences take care of themselves." As a member of the "Gang of Six" --lawmakers focused on a path towards deficit reduction -- Chambliss has proposed raising a significant amount of new revenues through tax reform.

  • Rep. Peter King (R-N.Y.)

    King championed Chambliss' take on the ATR no-tax-increases pledge when speaking about deficit reduction on NBC's "Meet the Press" on Sunday. "I agree entirely with Saxby Chambliss," King <a href="http://www.washingtonpost.com/blogs/the-fix/wp/2012/11/25/lindsey-graham-peter-king-break-with-grover-norquist/" target="_hplink">said</a>. "A pledge you signed 20 years ago, 18 years ago, is for that Congress. ... The world has changed, and the economic situation is different...For instance, if I were in Congress in 1941, I would have signed a declaration of war against Japan. I'm not going to attack Japan today. The world has changed, and the economic situation is different."

  • Sen. Lindsey Graham (R-S.C.)

    The South Carolina senator took to the news shows on Sunday to push for a solution to the fiscal crisis, even if it requires that the <a href="http://www.huffingtonpost.com/2012/06/12/lindsey-graham-grover-norquist-anti-tax-pledge_n_1590356.html" target="_hplink">GOP gives some ground on new revenues</a>. He told ABC's Jonathan Karl that he would be willing to break the pledge in order to ensure the fiscal solvency of the United States -- provided, of course, that Democrats would cede some serious structural reforms to entitlement programs. "When you're $16 trillion in debt, the only pledge we should be making to each other is to avoid becoming Greece, and Republicans -- Republicans should put revenue on the table," Graham <a href="http://www.newsmax.com/Headline/mccain-graham-norquist-chambliss/2012/11/25/id/465282#ixzz2DLTNhN8O" target="_hplink">said</a>. "I want to buy down debt and cut rates to create jobs, but I will violate the pledge, long story short, for the good of the country, only if Democrats will do entitlement reform." <em>Correction: An earlier version of this story contained a misspelling of Graham's first name.</em>

  • Sen. Bob Corker (R-Tenn.)

    Corker became the third GOP senator to <a href="http://www.huffingtonpost.com/2012/11/26/bob-corker-grover-norquist-pledge_n_2190985.html" target="_hplink">publicly disavow the pledge</a> promulgated by Norquist and Americans for Tax Reform in the last week. Speaking to CBS' Charlie Rose on Monday, the Tennessee Republican said that he was bound to serve his constituents first and foremost. "I?m not obligated on the pledge," he said. "I made Tennesseans aware, I was just elected, the only thing I?m honoring is the oath I take when I serve, when I?m sworn in this January."

  • Rep. Eric Cantor (R-Va.)

    Although Cantor has not come out and explicitly stated that he would violate the pledge -- in the manner of Graham -- he has said that <a href="http://www.huffingtonpost.com/2012/11/26/eric-cantor-grover-norquist-pledge_n_2191375.html" target="_hplink">he is not concerned</a> with the pledge and wants to do what is best for his constituents. "When I go to the constituents that have reelected me, it is not about that pledge," Cantor said on MSNBC on Monday. "It really is about trying to solve problems." As a part of a supposed grand bargain, Cantor says that Republicans are willing to put some new revenues on the table, provided that they are raised from closing loopholes rather than from increasing the marginal rates. Under Norquist's pledge, neither option would be permissible.

  • Rep. Scott Rigell (R-Va.)

    Rigell broke with Norquist and <a href="http://www.huffingtonpost.com/2012/07/16/grover-norquist-tom-coburn_n_1676841.html" target="_hplink">revoked his signing</a> of the pledge in May on the grounds that it restricts any meaningful attempt at tax reform. "Averting bankruptcy requires us to grasp the severity of our fiscal condition and summon the courage to speak boldly about the difficult steps needed to increase revenues and sharply decrease spending," he <a href="http://www.democraticwhip.gov/content/washington-post-gop-shifting-taxes-norquist-pledge-losing-support" target="_hplink">wrote</a> in a two-page letter explaining his reversal to his constituents. He wasn't advocating for tax hikes to further increase government spending, but any substantive overhaul of the tax code could only be undertaken if everything was on the table, he said. At the time, Norquist questioned the salience of Rigell's position, saying that the sort of tax increases he was looking for would be as unlikely as <a href="http://www.politico.com/news/stories/0512/76470_Page2.html#ixzz2DM2L4989" target="_hplink">catching a unicorn</a>. ?[I've] been in touch with the Republican Party in [Rigell?s] district, and they aren?t excited about it. This is not going to be a continuing problem,? Norquist told Politico in May.

  • Sen. Tom Coburn (R-Okla.)

    Coburn has <a href="http://www.huffingtonpost.com/2012/07/16/grover-norquist-tom-coburn_n_1676841.html" target="_hplink">publicly criticized</a> the idea of a no-new-taxes pledge before. In July, he authored <a href="http://www.nytimes.com/2012/07/16/opinion/a-greater-american-pledge.html?_r=2&ref=todayspaper" target="_hplink">an editorial</a> for The New York Times in which he decried the hard-line approach taken by Norquist as counterproductive to substantive deficit reduction. "In a debt crisis, higher interest rates and the debasement of our currency would be additional tax hikes," Coburn wrote. "In that sense, no one is doing more to violate the spirit of the pledge than Mr. Norquist himself, who is asking Republicans to reject the very type of agreement that could prevent future tax increases." Coburn previously disagreed with Norquist's characterization of his bill to eliminate the ethanol tax credit as a "<a href="http://www.politico.com/news/stories/0611/56990.html" target="_hplink">tax increase</a>."

  • Senator-Elect Jeff Flake (R-Ariz.)

    When running for his Arizona seat, Flake claimed that he had not signed the pledge when <a href="http://www.huffingtonpost.com/2012/10/10/jeff-flake-promises-tax-pledge_n_1956509.html" target="_hplink">in fact he had</a>. But the Republican did publicly distance himself from Norquist, saying in October that "the only pledge I'd sign is a pledge to sign no more pledges." "I believe in limited government, economic freedom, individual responsibility," Flake said during a debate against his Democratic and Libertarian opponents. "I don't want higher taxes. But no more pledges."

  • Rep. Reid Ribble (R-Wis.)

    Ribble, a freshman lawmaker from Wisconsin, decided that <a href="http://www.postcrescent.com/article/20111116/APC0602/111160402/Editorial-Read-Rep-Reid-Ribble-s-lips-No-new-pledges" target="_hplink">he wouldn't be signing any more pledges</a>, including a renewal of Norquist's anti-tax measure. In order to achieve deficit reduction, he wants to <a href="http://www.politico.com/news/stories/0512/76470.html" target="_hplink">close corporate loopholes</a> and explore other options around tax reform. "Tax rates don't correlate much to what actual revenue is, but if we would remove some of the subsidies and tax giveaways, we would have the money to reduce rates and spur economic growth which would increase revenue," he told CNN.

  • Rep. Robert Andrews (D-N.J.)

    Andrews, one of two House Democrats to sign the anti-tax pledge, said that he thought the anti-tax promise only applied to the term in which he signed it rather than extending throughout his legislative career. "I honored that pledge -- <a href="http://thehill.com/homenews/house/192529-house-gop-lawmakers-want-out-of-tax-pledge" target="_hplink">I never renewed it</a>," Andrews told The Hill back in 2011. "I never considered it to be like my marriage vows...I'm married to Camille Andrews, not Grover Norquist. I promised her to be faithful until death do us part, and I mean it. I did not promise him to oppose tax increases until death do us part."

  • Rep. Lee Terry (R-Neb.)

    Terry also believed that the anti-tax pledge only applied to the two-year term in which he signed it. He and Rep. Howard Coble (R-N.C.) both indicated to The Hill in 2011 that they had signed the pledge <a href="http://thehill.com/homenews/house/192529-house-gop-lawmakers-want-out-of-tax-pledge" target="_hplink">20 years ago</a> but had not agreed to uphold the pledge while serving in the present Congress.

  • Rep. Jeff Fortenberry (R-Neb.)

    Fortenberry told his constituents in August that he found Norquist's anti-tax pledge to be "<a href="http://thehill.com/homenews/house/192529-house-gop-lawmakers-want-out-of-tax-pledge" target="_hplink">too constraining</a>" and did not want to be associated with it. He first broke ranks in 2011 and then <a href="http://www.washingtonpost.com/blogs/ezra-klein/post/jeff-fortenberry-one-house-republican-whos-dared-to-defy-grover-norquist/2012/05/17/gIQA5Q0wVU_blog.html" target="_hplink">renewed his position</a> again in May 2012 when speaking to The American Conservative. "Simply looking at the status quo and suggesting that the tax code is sacrosanct and can never change, and that decisions made in the ?80s and ?90s can never change, is absurd," he said. "The tax code is weighted toward the ultra-wealthy and ultra-wealthy corporations, and has created an offshore aristocracy of people who can afford to hire an army of accountants and lawyers." "We need a simpler, fairer tax code. Removing special-interest loopholes could potentially increase revenues and allow for lower rates," he added.

  • Rep. Steven LaTourette (R-Ohio)

    LaTourette, who announced in July that he will retire at the end of the year, hasn't signed the pledge since 1994. He was under the impression, like several other GOP lawmakers, that the anti-tax promise had a limited applicability and had to be renewed. "My driver?s license expires," LaTourette <a href="http://thehill.com/homenews/house/192529-house-gop-lawmakers-want-out-of-tax-pledge" target="_hplink">told</a> The Hill. "The milk in my refrigerator expires. My gym membership expires, and I find the website to be a little deceptive." LaTourette and Sen. Jim Cooper (D-Tenn.) <a href="http://cooper.house.gov/index.php?option=com_content&view=article&id=586&Itemid=73" target="_hplink">introduced</a> a version of the Bowles-Simpson deficit-reduction plan in March. Although it engendered very little public support at the time -- and drew fire from Norquist -- LaTourette told HuffPost that many lawmakers <a href="http://www.huffingtonpost.com/2012/08/02/steve-latourette-grover-norquist_n_1733712.html" target="_hplink">privately pledged to get behind the measure</a> after the November elections.

  • Rep. Scott DesJarlais (R-Tenn.)

    DesJarlais <a href="http://www.tennessean.com/article/20121127/NEWS02/311260055/Sen.-Corker-backs-off-no-tax-hike-pledge?nclick_check=1" target="_hplink">walked back his commitment</a> when The Tennessean asked about his signature on the anti-tax pledge Monday. "The only pledge that matters is the one I made to my constituents to always represent their interests in Congress," the Tennessee congressman said in a statement. "I will judge any legislation put forth to avoid the fiscal cliff based solely upon the wishes and needs of the people of Tennessee?s Fourth Congressional District." In the past, DesJarlais has also appeared to waffle on conservative positions he has taken on both preventing abortion and supporting family values. HuffPost's Michael McAuliff <a href="http://www.huffingtonpost.com/2012/10/10/scott-desjarlais-abortion-pro-life_n_1953136.html" target="_hplink">reported</a> in October that he had an affair with one of his patients and appeared to push her to get an abortion on a recorded phone call.

  • Sen. Lamar Alexander (R-Tenn.)

    Alexander first broke with the pledge last year, but he <a href="http://www.tennessean.com/article/20121127/NEWS02/311260055/Sen.-Corker-backs-off-no-tax-hike-pledge?nclick_check=1" target="_hplink">reaffirmed his sentiments</a> to The Tennessean yesterday. When speaking to Roll Call magazine last July, the senior GOP senator said that he wanted to get rid of some <a href="http://www.rollcall.com/issues/56_139/grover-norquist-ethanol-tax-206489-1.html" target="_hplink">unwarranted tax breaks</a> -- something Norquist's pledge would not allow. ?My only pledge is to the United States flag and to the United States Constitution, and I?ve forsworn all others,? Alexander <a href="http://www.tennessean.com/article/20121127/NEWS02/311260055/Sen.-Corker-backs-off-no-tax-hike-pledge?nclick_check=1" target="_hplink">told</a> Roll Call at the time.

  • Source: http://www.huffingtonpost.com/2013/01/04/fiscal-cliff-poll-gallup_n_2411891.html

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    SPICY IP: Guest Post: Colours as Non-conventional Trademarks

    Rupkatha Basu, a 4th year student at KIIT School of Law, Bhubaneswar, brings us a guest post on a topic that we seem to have not managed to discuss enough on the blog - that of non-conventional ?trademarks. Using Cadbury's famous purple branding as an example, Rupkatha looks into whether colours can be given protection as trademarks in India. This is Rupkatha's first submission piece for the SpicyIP Fellowship. For those interested in more on the topic, we've earlier noted that Dev Gangjee, of LSE, has written this excellent paper on Non-Conventional Trademarks in India.

    CELEBRATIONS FOR CADBURY: KUCHH MITHA HO JAYE??IN INDIA?

    1st Oct, 2012 proved to be a day of celebrations at the Headquarters of Cadbury. ?Judge Birss? judgment after three years of legal battle[i] gave an occasion to the company to rejoice with Dairy Milk Bars.? The registration of the shade of purple (pantone 2865c) used by Cadbury in its logo and more importantly on the packaging of its chocolates has been upheld by the High Court in London. Pantone 2865c is held to be registrable although it is a non-conventional trademark.? A non-conventional or non-traditional trademark is a mark used in the course of trade by a company which may not in itself be capable of being perceived and distinguished visually. In case of colour trademarks i.e. when a colour per se is going to be registered, the problem is it is subjective, since the manner in which a common man distinguishes two similar shades of colour varies with different individuals. The difficulty in registering colour per se in EU is because one needs to prove distinctiveness and graphically represent that colour trademark. While graphical representation of colour is possible by referring to any international system of colour viz., Pantone, Focoltone or RAL it is hard or rather impossible for a colour to be inherently distinctive. Thus, the owner needs to prove that the colour has acquired the distinctiveness through continuous use. The UK-based chocolate company ? acquired by the food business Kraft in 2010 ? applied for the trademark in October 2004, registering its right to use the colour purple (Pantone 2685c). But its rival Nestle argued that colours could not be practically trademarked for commercial advantage[ii]. Rejecting Nestle's appeal, Judge Colin Birss said in the high court in London: "The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate." The result is that, after the Libertel case[iii], single colour is registerable as trademark provided it can be represented in accordance with the conditions laid down by the ECJ in Ralf Sieckmann?s case[iv]. ?By allowing registration of Cadbury?s purple colour, the High Court has made it clear that in UK, single colours can be given the protection of a trade mark.

    Cadbury?s application for registration of its purple colour with the Trade mark Registry was rejected in India. The registration of non-traditional trademarks is still in its infancy in this country. Only a few sound marks like the Yahoo! and ICICI tune have been successfully registered. The main reason for not allowing single colours but only combination of colours to be registered in India is the fear of colours to be depleted. But the Indian courts and the Trade Mark Registry need to remember that the Colour Depletion Theory only bars the registration of the seven basic colours but not any shade of them. Shades of those colours are very much registerable if they can be represented by an international system of colours. When the colour has become synonymous with the brand, it should be allowed to be registered for better protection.

    The definition of trademark under section 2(1)(zb) of the Trade Marks Act, 1999 includes combination of colours and packaging. Thus, there is a scope of colour to be included as a trade mark. The Indian judiciary in some instances has acknowledged colour as a part of trade dress and provided protection to it in Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd.[v] and Cadbury Ltd. v. ITC Ltd[vi]. Moreover, Trade Marks Act gives an inclusive definition of trade mark. It does not exclude anything capable of distinguishing any product. 5.2.1.2 of the Draft Manual for Trade Mark Practice and Procedure provides that subjective examination is to be done for non traditional trademarks like colour. The Manual further states that for a colour mark to be registerable?The key issue will usually be whether the proprietor has used the mark distinctively to educate the public that it is a trade mark.?[vii] Cadbury has no doubt become a well-known mark in India and anybody can relate its purple colour with Dairy Milk. The way the High Court has given protection to the red and white combination which is a unique feature of Colgate, the inimitable trait of Cadbury, its purple colour should also be given protection, may be as an associated mark. What better way to celebrate the New Year than with Cadbury when the brand has made the 1st day of every month a celebration day with its iconic slogan? The basic function of a trademark is to identify its source and I think when a mark can very well fulfill that obligation, whether it is traditional or non-traditional should be immaterial



    [vi] Decided by the Gujrat High Court on 20th July, 2005

    Source: http://spicyipindia.blogspot.com/2013/01/guest-post-colours-as-non-conventional.html

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    Friday, January 4, 2013

    Charging section of Income Tax Act, 1961 ~ AUBSP: All Updates ...

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    The provision of section 4 of the Income Tax Act, 1961 is the brain of the law of Income Tax in India. This is because sec. 4 gives the authority for charging as well as collection of income tax in India. This section deals with the provisions by which the income tax is chargeable on the total income earned during the previous year of every person. Basis of Charge [Section 4]: Section 4(1) of Income Tax Act, 1961 provides that income-tax shall be charged on every person specified under section 2(31) for any assessment year in respect of the total income of the previous year at the rates prescribed by the relevant annual Finance Act. Thus, the income-tax is levied on the total income earned during previous year and not the assessment year except the provisions of the following sections where income tax may be charged in respect of the income of a period other than the previous year:
    a) Section 172: Shipping business of non-residents; b) Section 174: Assessment of persons leaving India; c) Section 174A: Assessment of association of persons (AOP) or body of individuals (BOI) or artificial juridical person formed for a particular event or purpose; d) Section 175: Assessment of persons likely to transfer property to avoid tax; and e) Section 176: Discontinued business. In respect of income chargeable under section 4(1) of Income Tax Act, 1961, the income-tax shall be deducted at the source or paid in advance, where it is so deductible or payable under any provision of Income Tax Act, 1961. Person [Section 2(23)]: As we know that the income-tax is levied on every person, the term ?person? is the indispensable part under the income tax law. However, in accordance with the provision of sec. 2(31) of Income Tax Act, 1961 the definition of ?person? is inclusive in nature and includes: (ii)?a Hindu Undivided Family (HUF), ?(v)?an AOP?or a BOI, whether incorporated or not, (vi)?a Local Authority, and (vii)?every Artificial Juridical Person, not falling within any of the preceding sub-clauses e.g. an idol, or deity. Objective to Earn Income: An association of persons or a body of individuals or a local authority or an artificial juridical person shall be deemed to be a person, whether or not such person or body or authority or juridical person was formed or established or incorporated with the object of deriving income, profits or gains. Assessment Year [Section 2(9)]: ?Assessment Year? means the period of 12 months commencing on the 1st day of April every year. Previous Year [Section 2(34)]: As per section 2(34) ?Previous Year? means the previous year as defined in section 3 and sec. 3 explains that ?previous year? means the financial year immediately preceding the assessment year. However, in the case of a business or profession newly set up, or a source of income newly coming into existence, in the said financial year, the previous year shall be the period beginning with the date of setting up of the business or profession or, as the case may be, the date on which the source of income newly comes into existence and ending with the said financial year. Assessee [Section 2(7)]:?Assessee has been defined under section 2(7) of the Income Tax Act, 1961. Accordingly, the term ?Assessee? means a person by whom any tax or any other sum of money is payable under this act. It includes: -?every person in respect of whom any proceeding has been taken for the assessment of his income or - assessment of fringe benefits or the assessment of - of the income of any other person in respect of which he is assessable, or - of the loss sustained by him or by such other person, or - of the amount of refund due to him or to such other person. Note that the term ?Assessee? also includes every person who is deemed to be an assessee or an assessee in default under any provision of this Act.
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    'Lincoln,' 'Les Miz,' 'Argo' earn producers honors

    LOS ANGELES (AP) ? The Civil War saga "Lincoln," the musical "Les Miserables" and the Osama bin Laden thriller "Zero Dark Thirty" are among the nominees announced Wednesday for the top honor from the Producers Guild of America.

    Other best-picture contenders are the Iran hostage-crisis thriller "Argo"; the low-budget critical favorite "Beasts of the Southern Wild"; the slave-turned-bounty-hunter saga "Django Unchained"; the shipwreck story "Life of Pi"; the first-love tale "Moonrise Kingdom"; the lost-souls romance "Silver Linings Playbook"; and the James Bond adventure "Skyfall."

    Walt Disney dominated the guild's animation category with three of the five nominees: "Brave," ''Frankenweenie" and "Wreck-It Ralph." The other nominees are Focus Features' "ParaNorman" and Paramount's "Rise of the Guardians."

    Along with honors from other Hollywood professional groups such as actors, directors and writers guilds, the producer prizes help sort out contenders for the Academy Awards. Those nominations come out Jan. 10.

    The guild, an association of Hollywood producers, hands out its 24th annual prizes Jan. 26. The big winner often goes on to claim the best-picture honor at the Oscars, which follow on Feb. 24.

    Previously announced nominees by the Producers Guild for best documentary are "A People Uncounted," ''The Gatekeepers," ''The Island President," ''The Other Dream Team" and "Searching for Sugar Man."

    Other nominees:

    ? TV drama series: "Breaking Bad," ''Downton Abbey," ''Game of Thrones," ''Homeland," ''Mad Men."

    ? TV comedy series: "30 Rock," ''The Big Bang Theory," ''Curb Your Enthusiasm," ''Louie," ''Modern Family."

    ? Long-form television: "American Horror Story," ''The Dust Bowl," ''Game Change," ''Hatfields & McCoys," ''Sherlock."

    ? Non-fiction television: "American Masters," ''Anthony Bourdain: No Reservations," ''Deadliest Catch," ''Inside the Actors Studio," ''Shark Tank."

    ? Live entertainment and talk television: "The Colbert Report," ''Jimmy Kimmel Live," ''Late Night with Jimmy Fallon," ''Real Time with Bill Maher," ''Saturday Night Live."

    ? Competition television: "The Amazing Race," ''Dancing with the Stars," ''Project Runway," ''Top Chef," ''The Voice."

    ? Sports program: "24/7," ''Catching Hell," ''The Fight with Jim Lampley," ''On Freddie Roach," ''Real Sports with Bryant Gumbel."

    ? Children's program: "Good Luck Charlie," ''iCarly," ''Phineas and Ferb," ''Sesame Street," ''The Weight of the Nation for Kids: The Great Cafeteria Takeover."

    ___

    Online:

    http://www.producersguild.org

    Source: http://news.yahoo.com/lincoln-les-miz-argo-earn-producers-honors-225558261.html

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