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Talwar Newsletter volume five.

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Page 2: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

HEADLINES INDIA

India ranked second in Global Innovation Efficiency Index

India Ranks Lowest Among BRICs in Innovation

Three more TN items win GI tag

Indian firm launches $125 MIPS-based Android 4.1 tablet

Final hearing commences in Sankalp’s appeal against Roche’s patent on pegylated interferon

India considers price controls for patented drugs

Ranbaxy Laboratories launches authorized generic Actos in US

Intellectual Property India Publishes Patent Application for 'Intelligent Function Installing Power

Generation and Storage Package System' Filed by GEM

Indian Patent Office introduces procedural changes in PCT National Phase Application filing process

Further delays in Novartis versus India patent law case

India TV wins case against Yash Raj Films

HEADLINES CHINA

Apple pays $60M to settle iPad case

ASEAN – China Seek Closer Cooperation on Intellectual Property

KPMG Survey Predicts China’s Rise As an IT Innovator

Comments Sought for Draft Revision to Patent Law

A Test Case for Intellectual Property in China

Chinese Firm Offers To Invest In Advanced Battery Maker A123

China struggles to attract EU's R&D capital

China breaks patent barriers on drugs

HEADLINES JAPAN

DiaGenic Gains On Breast Cancer Test Patent In Japan: Oslo Mover

Lorus Therapeutics Announces Issuance of Patent in Japan for Anticancer Drug LOR-253 and

Antimicrobial Drug LOR-220

Japan Tobacco’s new branding in trouble as Australia bans cigarette logos

Hitachi Metals, Zumbox, Apple: Intellectual Property

inovia Awarded Patent Protection in Japan for European Validation Technology

StemCells, Inc. Broadens HuCNS-SC(R) Patent Portfolio With Key Patent in Japan

Lonza Group AG : Lonza Announces License Agreement with iPS Academia Japan

R&D Antibodies gets notice of allowance from Japan for key sepsis diagnostic patent

TTC UPDATES

NEWS INDIA NEWS CHINA NEWS JAPAN EDITORIAL

Page 3: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

India ranked second in Global Innovation Efficiency Index

India takes the second spot in the Global Innovation Efficiency Index, a metric to assess the

innovation landscape in different countries. INSEAD and the World Intellectual Property Organization (

WIPO) published a report titled 'Stronger Innovation Linkages for Global Growth' which benchmarks the

performance of different countries in addressing the gaps in the innovation cycle by developing products and

services for emerging markets. The report ranks 141 countries/economies on the basis of their innovation

capabilities and results.

Read More >> Go To Top >>

India Ranks Lowest Among BRICs in Innovation

Just a few weeks ago, global credit rating agency Standard and

Poor’s (S&P) released a study titled, “Will India be the first BRIC

fallen angel?” The report suggests that India may become the first

“BRIC” country (Brazil, Russia, India and China) to lose its

investment grade rating. While it remains to be seen if India can

escape this ignominy, the country has earned another dubious

distinction: It ranks the lowest among the BRIC nations on the

Global Innovation Index 2012.

Read More >> Go To Top >>

Three more TN items win GI tag

Thanjavur veena, Nachiarkoil villakku (lamp) and Pattamadai

pai (mat) — unique products of Tamil Nadu — will shortly get the GI

(Geographical Indication) tag from Intellectual Property Rights (IPR),

Mumbai. IPR attorney in Chennai, Mr P. Sanjay Gandhi, told Deccan

Chronicle that the expert committee of the IPR has accepted the

uniqueness of the three products and the GI tag would be given to them

within a couple of weeks. So far, 172 products have been given GI tags

in India, including 18 products of Tamil Nadu like Kovai kora cotton

sarees, Sirumalai hill banana and Swamimalai bronze icons.

Read More >> Go To Top >>

NEWS INDIA

Page 4: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Indian firm launches $125 MIPS-based Android 4.1 tablet

An Indian firm has begun offering in India a media tablet featuring a

MIPS-based processor and running the latest version of the Android operating

system for about $125, according to a statement released Tuesday (July 31) by

intellectual property licensor MIPS Technologies Inc.

According to MIPS (Sunnyvale, Calif.) the tablet, offered by Karbonn Mobile India

Private Ltd. is the lowest cost tablet on the market featuring Android 4.1, also

known as "Jelly Bean."

Read More >> Go To Top >>

Final hearing commences in Sankalp’s appeal against Roche’s patent on pegylated

interferon

The final hearing of the appeal filed by Sankalp Rehabilitation Trust before the Intellectual

Property Appellate Board, Chennai, challenging the decision of the Patent Controller rejecting its post-grant

opposition, in which it had challenged the grant of a patent to F.Hoffmann-La Roche AG (Roche) covering

pegylated interferon alfa-2a, commenced on 31 July 2012 before a Bench of the IPAB comprising J. Prabha

Sridevan (Judicial Member) and Mr. D. P. S. Parmar (Technical Member, Patents).

Apart from the significance of the outcome of this case on access to pegylated interferon, this case will also

determine whether non-governmental organisations (NGOs) or community-based organisations can file a

post-grant opposition or revocation petition challenging the grant of a patent in India.

Read More >> Go To Top >>

India considers price controls for patented drugs

India is planning to rein in prices of

expensive patented drugs to make medicines

affordable to its predominantly poor population, a

top government official said on Friday.

The move is almost certain to draw the ire of global

drug makers like Pfizer, GlaxoSmithKline and Merck, which spend billions of dollars researching new

treatments and are hoping for huge growth for branded medicines in emerging economies such as India.

Read More >> Go To Top >>

NEWS INDIA

Page 5: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Ranbaxy Laboratories launches authorized generic Actos in US

Ranbaxy Laboratories has launched authorized pioglitazone hydrochloride tablets, generic version

of Takeda's diabetes drug sold under the brand Actos in the US, a Ranbaxy release said.

The Indian company shares 180-day marketing exclusivity with Mylan and Teva. Ranbaxy could rake in $208

million and $63 million in sales and profit respectively, according to Fortune Equity Brokers.

Read More >> Go To Top >>

Intellectual Property India Publishes Patent Application for 'Intelligent Function

Installing Power Generation and Storage Package System' Filed by GEM

Intellectual Property India has published a patent application (1528/KOL/2011) filed by GEM

Corp., Japan, on Dec. 7, 2011 for an 'intelligent function installing power generation and storage package

system.'

The application for the patent - which was invented by Tsutomu Sada, Japan - was published on July 6 under

journal no. 27/2012. According to the abstract released by the Intellectual Property India: "This invention

propose Intelligent function installing Power generation and storage system and/or solar power generation

and storage packaged panels and their installment of Power Station packaged generation and storage

functions in a device and their installment of Signal UPS system device and this power equipment Station

combined with various electric power generators.

Read More >> Go To Top >>

Indian Patent Office introduces procedural changes in PCT National Phase

Application filing process

A public notice issued by the Indian Patent Office on July 2, 2012 introduces certain procedural

changes with regard to the handling of PCT national phase applications entering India. A copy of the circular

can be downloaded here.

The changes will mostly affect the work of the agent who is actually filing the PCT national phase application

in India and who needs to complete the forms necessary for entering the national phase in India. Beyond that

the circular emphasizes some practice regulations which already have become common practice at the

Indian patent office during the last two years.

Read More >> Go To Top >>

NEWS INDIA

Page 6: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Further delays in Novartis versus India patent law case

A final decision from the court case involving Novartis' legal challenge against India's patent laws

has been postponed once again.

The Indian Supreme Court case of Novartis versus the Government of India has been re-scheduled for

September 11, although final arguments were supposed to start yesterday (August 22). The postponement is

due to other pending cases which need to be heard.

The eagerly-anticipated final hearing, which is expected to last a couple of months, has been put back several

times. The Supreme Court was scheduled to start the final hearing of the case on March 28, a month later

than originally expected, but final arguments were then re-scheduled for July 10.

The dispute centres around India's patent law, notably Section 3(d), which states that a modification of a

known chemical composition is non-patentable. Novartis' legal challenge stems from an attempt to obtain a

patent on Gleevec/Glivec (imatinib mesylate), its drug for chronic myeloid leukaemia and other cancers,

which was turned down by India's Patent Office in 2006.

Read More >> Go To Top >>

India TV wins case against Yash Raj Films

In an ongoing legal dispute between India TV and Yash Raj Films,

the Division Bench of Delhi High Court consisting of Justice Pradeep

Nandrajog and Justice Manmohan Singh has delivered a breakthrough

judgment in favor of India TV .The honourable court has yesterday held that

small amounts of usage of songs in a programme by India TV does not

amount to copyright infringement.

The Delhi High court was dealing with a dispute involving India TV and

Yashraj Films where the High Court has said that use of five words of the song ‘Kajrare’, “Mera Chen vain sab

ujhda” in a promo for a consumer affairs program telecast on India TV and singing a portion of the song

“Salaam Namaste” in a one hour programme “INDIA BEATS” of India TV by Vasundara Das whose life was

being reviewed, amounts to Fair Use, as the same is DE MINIMIS i.e., very little usage compared to the whole

programme.

Read More >> Go To Top >>

NEWS INDIA

Page 7: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Apple pays $60M to settle iPad case

Apple has paid $60 million to settle a dispute in China over ownership of the iPad name, a court

announced Monday, removing a potential obstacle to sales of the popular tablet computer in the key Chinese

market.

Apple's dispute with Shenzhen Proview Technology highlighted the possible pitfalls for global companies in

China's infant trademark system. It also posed a challenge for the communist government, which wants to

attract technology investors to develop China's economy.

Read More >> Go To Top >>

ASEAN – China Seek Closer Cooperation on Intellectual Property

The 3rd Meeting of the ASEAN-China Heads of Intellectual Property Offices today discussed the

areas of cooperation under the ASEAN-China Work Programme 2012-2013. It also sought to foster dialogue

on current developments on intellectual property (IP) in ASEAN and China.

Held on 9-13 July 2012 in Singapore as part of the 38th Meeting of the ASEAN Working Group on Intellectual

Property Cooperation (AWGIPC), the meeting focused on a Database on Traditional Chinese Medicines (TCM)

as an important area of cooperation. According to Dr. Li Yuguang, Deputy Commissioner, State Intellectual

Property Office (SIPO), cooperation between ASEAN and China will likely involve training and capacity-

building on the purpose, structure, and development of China’s TCM database, as well as on the methodology

used in gathering data for the database.

Read More >> Go To Top >>

KPMG Survey Predicts China’s Rise As an IT Innovator

The recently released KPMG 2012 Global Technology Innovation Survey of 668

geographically distributed technology business executives suggests that technology innovation may shift

from Silicon Valley to another destination, with the most likely destination being China (44%), in the next

four years.

Regarding future disruptive technologies the report notes that “China and the United States will be at the

forefront, with Cloud enabling both the next indispensable consumer technology and business

transformation for enterprises. Mobile technologies will continue to build on Cloud, providing the tech

breakthrough that will transform businesses.”

Read More >> Go To Top >>

NEWS CHINA

Page 8: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Comments Sought for Draft Revision to Patent Law

China’s State Intellectual Property Office (SIPO) released the “Draft Revision of the Patent

Law of the People’s Republic of China (Draft for Comments) (hereinafter referred to as ‘Draft’)” on August 9,

and is now seeking public comments.

The Draft consists of revisions to seven provisions in the current Patent Law, which was most recently

amended in 2008. The key revisions are as follows:

Authority to investigate and collect evidence

In order to resolve the difficulties in collecting evidence in patent infringement cases, the Draft grants the

People’s Court the authority to investigate and collect evidence.

Read More >> Go To Top >>

A Test Case for Intellectual Property in China

In the next few months, a series of

lawsuits will play out in the Chinese courts

that could define the risks foreign companies

take when they try to make money in China’s

booming markets. The U.S. green energy

company AMSC is suing its former customer

Sinovel Wind Group Co., China’s biggest wind

turbine manufacturer, for breach of contract,

copyright infringement, and theft of trade

secrets. In total, AMSC, based in Devens,

Mass., is asking for about US $1.2 billion in

damages, making this the largest intellectual

property case to date in China.

AMSC appears to have strong evidence,

including a full confession from an AMSC

employee who said he sold trade secrets to Sinovel. Yet China has a reputation as a place where intellectual

property laws are routinely flouted. So the legal outcome is uncertain—and is of great interest to foreign

companies.

Read More >> Go To Top >>

NEWS CHINA

Page 9: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Chinese Firm Offers To Invest In Advanced Battery Maker A123

A123 Systems, a financially struggling maker of lithium iron phosphate batteries, is in talks

with the Chinese auto parts maker Wanxiang Group about a deal in which the Chinese firm would invest up

to $450 million in A123 in exchange for an 80% ownership stake.

The deal is likely to be opposed by some U.S. lawmakers, one of whom notes that A123 built an advanced-

tech­nology battery plant in Michigan with the help of $249 million in grants from the U.S. government.

“It appears the Department of Energy and the Obama Administration have failed to secure sensitive

taxpayer-funded intellectual property from being transferred to a foreign adversary,” says Rep. Clifford B.

Stearns (R-Fla.).

Read More >> Go To Top >>

China struggles to attract EU's R&D capital

Despite China's long-term encouragement of international companies to set up more research-

and-development facilities in the country, European companies' R&D investment in China remains low.

The share of European Union companies' R&D investment in China lags behind not only developed markets

such as the United States and Canada, but also other emerging economies, such as India, said Dan

Prud'homme, business manager of the Intellectual Property Rights Working Group at the European Chamber

of Commerce in China.

Read More >> Go To Top >>

China breaks patent barriers on drugs

In a move full of intriguing possibilities, China has changed its patent laws to allow domestic

drug makers to manufacture patent protected drugs in case of state emergencies, unusual circumstances or

in the interests of the public.

According to the State Intellectual Property Office (SIPO) an amendment to China's patent laws became

effective last month which allows drug makers to seek a compulsory license (CL) to make drugs which they

couldn't otherwise make because their patent was held by another company. Such exemption would be

granted in cases of state emergencies, unusual circumstances or in the interests of the public.

Read More >> Go To Top >>

NEWS CHINA

Page 10: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

DiaGenic Gains On Breast Cancer Test Patent In Japan: Oslo Mover

DiaGenic ASA (DIAG), the Norwegian company developing tests to diagnose illnesses including

Alzheimer’s disease, climbed the most in two weeks in Oslo after the company said it received a patent for its

breast cancer test in Japan.

Shares in the Oslo-based company gained as much as 25 percent, the most since July 19, and traded 18

percent higher at 3.60 kroner as of 11:05 a.m. in the Norwegian capital, making it the biggest winner on the

Oslo Stock Exchange’s All-Share Index. (OSEAX)

Read More >> Go To Top >>

Lorus Therapeutics Announces Issuance of Patent in Japan for Anticancer Drug

LOR-253 and Antimicrobial Drug LOR-220

Lorus Therapeutics Inc. (TSX:LOR) ("Lorus"), a biopharmaceutical company specializing in the

discovery, research and development of pharmaceutical products and technologies for the management of

cancer, today announced the issuance of Lorus' patent for its lead small molecule anticancer drug LOR-253.

The patent provides Lorus with exclusive rights to LOR-253 in Japan until 2023.

The Japanese patent provides broad protection for LOR-253 composition of matter. This is Lorus' first small

molecule patent in Japan. Patents with similar protection for LOR-253 have also been issued in Canada,

Australia, and China, and are pending in other major jurisdictions.

Read More >> Go To Top >>

Japan Tobacco’s new branding in trouble as Australia bans cigarette logos

A worldwide precedent was set on Wednesday by Australia’s High

Court as it upheld a decision to legally ban all brand logos and designs from

cigarette packaging beginning this December. The hearing resulted in an

outpouring of protests from big tobacco firms as they argued their

intellectual property rights would be violated and their trademarks

destroyed. This is bad news for Japan Tobacco, which just last week unveiled

a rebranding of it flagship Mild Seven cigarettes under the new name of

Mevius, complete with a uniform packaging design across all markets.

Read More >> Go To Top >>

NEWS JAPAN

Page 11: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Hitachi Metals, Zumbox, Apple: Intellectual Property

Hitachi Metals Ltd. (5486), a Japanese maker of specialty metal products, filed a U.S. trade complaint

against more than two dozen companies, seeking to block imports of competitors’ rare-earth magnets used

in electronics, golf ball markers and power tools. The companies are infringing four patents related to the

manufacture of sintered rare-earth magnets, Hitachi Metals said Aug. 17 in a complaint at the U.S.

International Trade Commission in Washington. It’s asking the agency to block products that are using rare-

earth metals from China, where 95 percent of all such materials are mined and processed.

Read More >> Go To Top >>

inovia Awarded Patent Protection in Japan for European Validation Technology

inovia, the leading foreign filing platform provider, has been granted patent protection by the

Japanese Patent Office for the technology behind its European patent validation service, which is offered

through the inovia.com platform. Japan joins the patent offices of Australia, New Zealand, Singapore and

South Africa who have already granted inovia patent protection for its powerful technology solution focused

on automating the European patent validation process.

inovia’s foreign filing platform has been recognized by the World Intellectual Property Organization

(WIPO) as a notable invention, has a global network of agents in more than eighty countries, and has

coordinated more than 20,000 foreign patent filings totaling more than $50 million to date.

Read More >> Go To Top >>

Stem Cells, Inc. Broadens HuCNS-SC(R) Patent Portfolio With Key Patent in Japan

StemCells, Inc. (Nasdaq:STEM) today announced that the Japan Patent Office has granted to the

Company Patent Number 5007003, titled "Enriched Central Nervous System Stem Cell and Progenitor Cell

Populations, and Methods for Identifying, Isolating and Enriching for Such Populations." The patent broadly

covers the prospective isolation and enrichment of neural stem and progenitor cells using antibody selection,

as well as the use of these cells to treat disorders of the central nervous system. Some of the more

noteworthy claims in the '003 patent include methods for isolating human neural stem cells, as well as

compositions of matter comprising enriched neural stem cells, such as the Company's proprietary HuCNS-SC

cells, and the use of enriched neural stem cells as a medicament for the treatment of neurodegenerative

diseases, acute brain injury and dysfunction of the central nervous system.

Read More >> Go To Top >>

NEWS JAPAN

Page 12: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

Lonza Group AG : Lonza Announces License Agreement with iPS Academia Japan

Lonza adds to its market leading portfolio of cell therapy services and products, demonstrating its

commitment to regenerative medicine.

Lonza has entered a worldwide, non-exclusive licensing agreement with iPS Academia Japan, Inc. for

its induced pluripotent stem cell (iPSC) patent portfolio. By entering this agreement, Lonza demonstrates its

commitment to the field of regenerative medicine and reinforces its belief that iPSCs are a key platform

technology for the cell therapy market.

In 2007, Dr. Shinya Yamanaka and colleagues at Kyoto University became the first to successfully

convert adult human cells to an embryonic stem cell-like state. This process, called cellular reprogramming,

generated the world's first human induced pluripotent stem cell line.

Read More >> Go To Top >>

R&D Antibodies gets notice of allowance from Japan for key sepsis diagnostic patent

Research & Diagnostic Antibodies (R&D Antibodies), a biotechnology company that develops new

monoclonal antibodies for diagnostic and therapeutic applications, has received a Notice of Allowance from

the Japan Patent Office for its monoclonal antibody-based immunoassays and apparatuses for measuring

inducible nitric oxide synthase (iNOS) as a plasma biomarker for the early detection of the sepsis pathology.

Japanese Patent Application #2003-517204 covers very broadly the use of R&D Antibodies’

immunoassays, assay kits, and apparatuses for the detection of plasma iNOS as an early biomarker for the

prognosis and diagnosis of the life-threatening sepsis pathology. The JPO’s Allowance extends R&D

Antibodies’ existing patent portfolio in this field (USA #6531578-B1 and 7198904-B1; European

#EP1012605 and EP1412471; Japan #4117911; and Australian #2001280912 and 782922). Additional

patent applications are pending.

Plasma iNOS is the foundation of R&D Antibodies’ sepsis prognosis and monitoring tests that reveal

very early the onset of the sepsis pathology. To date R&D Antibodies has conducted three clinical studies

involving more than 295 ICU patients to demonstrate the utility of this new plasma biomarker.

Read More >> Go To Top >>

NEWS JAPAN

Page 13: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

XLPAT- Patent Tracking Cloud Platform

Keeping pace with the radical changes occurring in the arena of intellectual property, TT

Consultants has introduced XLPAT-private cloud based patent monitoring software. Along with the cost-

effective and comprehensive prior art search services, TTC now has a customized patent software. This

competitive system brings Patent Searching, Patent Monitoring and PAIR tracking on one platform, where

people related to IP industry can become members in form of clients, law firms and searching firms.

XLPAT is a revolutionary platform that enables you to search patents, share, collaborate and set

alerts for technologies that you may be watching. It is designed to cover the entire database of US and EU

granted patents and applications.

Alerts can be set up for updates in technology, specific patents or a customized search query. XLPAT

has a feature for PAIR tracking that helps determine the current status of patent applications and also

provides timely updates about the various office actions, date of first publication, claim amendments etc. The

user receives email/account notifications for the same.

The software aims to create a social IP network wherein a user can increase the scope of patent

work by sharing it with searchers, lawyers, consultants etc. It provides for a better access to IP search firms

via an online IP networking social community, where the user can also order a relevant prior art search,

attorney review, pre-issuance submission etc.

This innovative patent monitoring platform can help challenging a patent application at various

stages before it is granted. To experience the highly advanced features of XLPAT, please visit www.xlpat.com

for more details.

Read More >> Go To Top >>

TTC Adds Another Feather to its Cap!

TT Consultants has further strengthened its USA presence, by bringing the Washington office into

operation now. The company’s endeavor and vision has always been to serve its clients through their

presence in multiple locations. The past 2 years have been a period of strong growth for the firm with

encouragements in form of CNBC ICICI Best SME 2012 and increasing clientele.

Under this office, the firm is focused to expand its presence across a wide array of its IP disciplines

and mark its next step towards aggressive growth and expansion strategy. Over the past three years, TTC has

grown from 40 to 90 employees, from 2 offices to 5 now and from 200 clients to 350 clients today.

Go To Top >>

TTC Updates

Page 14: Talwar and Talwar Consultants Newsletter Vol 5

© TT Consultants, 2012. All rights reserved – privileged and confidential

TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing

services in over 20 countries worldwide to more than 500 Companies, universities and research institutes with several

offices in three countries i.e. Taiwan, US and India and strong client base in US, Canada, Europe, Japan, Singapore,

South Korea, Taiwan and India, we strive towards providing our clients global and world-class services.

We provide patent litigation support, patent prosecution support, licensing support, patent acquisition

support, technology transfer consulting, patent portfolio management and other legal support services to leading

patent law firms, companies, universities, research institutes and intellectual property owners.

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Disclaimer

While every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT

Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the

information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does

not constitute/substitute professional advice that maybe required before acting on any matter.

*COPYRIGHT NOTICE:-© 2012, India. All Rights reserved with TT Consultants

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