After almost 7 years, 600+ posts and the better part of my twenties, I’ve decided to call it a day and step down from Spicy IP. The reason for this being that I’m finding it quite hard to balance work and the blog because of which I’ve decided to concentrate on only one and I chose the job. I will of course try to chip in with the odd guest post when time permits.
As some of you may know I have recently returned to a full time job with the IP team at Lakshmikumaran & Sridharan, one of the few law firms in the country to have cracked the code to a successful patent litigation practice.
Before I wrap up my final post on this blog, I thought it would only be fit to inflict on you, the reader, some tales of the past and give myself a few pats.
When Shamnad invited me to join the blog in September 2007, while I was a final year student at the National Law School of India University I was quite intimidated about writing on the blog because honestly, I knew very, very little on intellectual property law. Back then we had a subscriber base of maybe 400+ and just the thought of going embarrassingly wrong before 400 people was scary. It helped greatly that I was over-confident to the point of being utterly foolish – like they say, ignorance is truly blissful. J
To start with SpicyIP, with 400 subscribers and to watch it grow to become a top blog in the IP world, with a subscriber base of 4500+ has been very heartening. It is tough enough being a law blog in India but it is even tougher being an IP blog in India. But thanks to people like Shamnad, who is perhaps the best teacher/mentor/friend that life could ever give you, the SpicyIP ride has always been a blast. I can never complain about being bored – whether it was an interesting tidbit from court, the government or the law firm partner blasting him for something that I wrote, Shamnad always made sure that the ride was fun.
Honestly, if it wasn’t fun, I would have been out of this long ago. Over time as I started stepping on more and more toes, while being completely ignorant of the aforementioned toes, I have to put on the record that Shamnad has always stood up to keep the baying wolves at bay.
Since I’m being nice for a change, let me make full use of it and thank the other people who made the ride so wonderful: Sumathi, who silently slipped off the blog a couple of years ago and who was always ready to brainstorm ideas with me, Unni of the Mint who constantly provides us top-class journalism (and more importantly, the first and last reporter to quote me in a national newspaper as an IP blogger!), those anonymous commentators who kept me on my toes, the readers who constantly sent in stories and feedback and of course the rest of my co-bloggers, who have had to put up with my nit-picking and constant reminders.
Last but not the least, one of the highlights of the last few years has been the opportunity to interact with lawyers, professionals and bureaucrats who can kick out the cynicism embedded in you after a stint in law school. Who amongst us ever thought the patent and trademark office would change until people like P. H. Kurian walked in. I’m glad to report that his successor, Chaitanya Prasad continues with the mission of increasing transparency at the Patent Office. I know that things should be better but having studied the system in depth, I can (over?) confidently inform you that the main problem lies at the level of the DIPP and not the Controller General’s office. Then there are lawyers like Ameet Dutta, whom I’ve discussed here and of course my present boss Mr. Lakshmikumaran who can show you how to be a good lawyer and a good human being. (The latter factor usually becomes rare for lawyers as they become more successful.)
The only constant source of disappointment during these last few years has been the Copyright Office – I have done more than anybody’s fair share of research on the Indian music industry and the latest copyright amendments and have even analysed the exact file noting from 1996 which led to the problem at IPRS. Thus I have a fairly good idea of what went wrong and I’m sorry to say that the Copyright Office shares a large part of the blame. I was hoping that my research would help in correcting these historic blunders. Sadly, it wasn’t to be.
For those of you who actually read till the end of this post, I’m flattered!
Prashant, I do not think that the reason that you have given for your quitting is plausible. If you are in service, you get enough time and if you are practicing of your own practice, you get les time comparatively. HOWEVER, even practitioners do get time. I am a practitioner and read almost all the blogs published in spiycip. Rather I can go without newspaper but not the spicyip. I am sure that it is not one of the conditions of your employer Lakshmikumaran to quit this blog.
You have rally been working hard in bringing out the facts/statistics (digging through RTIs even), and news about the IP worldwide. I think you should not quit. Please think it again.
BUT if you must quit, we will definitely miss you and your blogs. We are missing Shamnad already
I just however give comments on your blog. You have stated about transparency. Yes there is transparency, but it is at the cost of healthy work. The officials have become more than 100% slaves of computer which does not have the complete softwares/modules and on account of that the work suffers a lot. There are no modules for issuance of another certificate as per the amendment in the Rules wherein the certificate is not received by the applicant and on his complaint and the office being satisfied, the TM Officials have been authorized to issue further certificate (not TM-59) and not a single certificate has been issued on account of lack of module and the result is that the said rule has become just a showpiece of the legislation. There is no module for TM-17, TM19 and for many more situations. The dictatorship is going on many issues including not allowing TM-16 for change of user under any circumstances, insisting upon TM-50 for change of counsel of a registered proprietor even when the registrant is a Indian.
The PR drive mentions about dealing of cases with numbers of the Trade Marks but not relating to the date of filing of the PR request. This is basically against the FIRST COME FIRST SERVED. Similar is the situation with respect to the service of TM-5 and TM-6. They are served not on the basis of the FIRST FILED FIRST SERVED, but on the basis of number of the application.
Many more issues which are really creating problems.
Congratulations and Good Luck!!
Though sad to know that you will be taking a break (I wish it is a break), I would like to take this opportunity to appreciate your writings. Though I have almost zero connections with law or IP issues, I somehow stumped into your site and articles just last year, and I should say I was thoroughly impressed by your posts, and had been a subscriber to this blog thereafter.
Wish you all the best for a great career ahead.
Prashant, its one a day that you have decided to move out that i did access this nice blog.
Wish you luck but you have done a indeed done a good job out here.
With best wishes
Ravinder Makhaik
Editor, Hill Post (www.hillpost.in)
Prashant,
Congratulations and wish you all the very best. I have enjoyed reading your incisive posts that would be hard to beat for sheer variety – from patent office practices to infringement and copyright issues. You have been standing up for a lot of important causes along with fairness and transparency. I am sure many readers will look forward to your occasional posts.