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SpicyIP Weekly Review (22nd-29th September, 2014)


spicyip weekly reviewThe SpicyIP Highlight of the week is two posts I wrote on the IPAB Rules. I first blogged about  the decision of the Bombay High Court on the power of the IPAB to collect evidence at the appellate stage. The Court held that the IPAB’s power is guided by the principles of O.41, R.27 CPC. SpicyIP had then unearthed a set of revised IPAB Rules that Former IPAB Chairman Justice Prabha Sridevan had drafted. These Rules explicitly state that O.41, R.27 of the CPC shall apply in such a situation. The Rules, despite having been submitted to the Government two years ago, have still not been officially notified. This is worrisome as the enforcement of the new Rules would save litigants and the Court valuable time and money.

Rupali then posted about an Open Letter drafted by academicians, diplomats, scientists and lawyers addressed to Prime Minister Narendra Modi on the decision to review India’s position on IP laws ahead of his visit to the United States. The letter strongly cautioned against coercion from foreign states to align India’s IP policy with interests of multinational corporations.

Mathew then responded to an IP-Watch piece titled ‘‘Is the Development Dimension of WIPO incompatible with its role of IP protection?’ With the example of GI in TRIPs and a case study on Darjeeling Tea, he highlights the importance of the active involvement of the developing world in international policy negotiations.

I then wrote about Girish Karnad being granted anticipatory bail in a copyright infringement case. Using this incident, I addressed the larger issue of how criminalization of copyright infringement is unwarranted.

Devika then brought us a tidbit about ‘Swayam’, an online learning portal to promote higher education using technology. It uses the MOOC platform to offer courses from US Universities.

Madhulika blogged about Government withdrawing its guidelines that enabled the National Pharmaceutical Pricing Authority (NPPA) exercise its powers to fix the prices of drugs that are not on the essential medicines list. She puts forward the question as to whether we should look beyond capping drug prices to solve the problem of inter-brand drug pricing differences- such as comprehensive health insurance.

The week ended with Thomas’ post on the Delhi University Photocopying case, where he responds to Gautam Bhatia’s piece in the Outlook on the same. Thomas recaps what the fight is really about, and aptly sums the post with Aaron Swartz’ quote- “’m not against copyright, I’m against dumb copyright.”

SpicyIP Events:

The 3rd Annual Media, Advertising and Entertainment Legal Summit is to be held on 16th October, 2014 in New Delhi. Details can be found here.

International Developments

1)    Grooveshark has sadly gone the Limewire and Napster way as a New York Federal Judge has ruled on 29th September that it has infringed on the copyrights of major record companies.

2)    Facebook has been issued a Privacy Patent! Patently-O reports that the patent covers “a social-networking data privacy method that basically allows users to specify what data a third-party App can share with others and that information is conveyed to the App”.

3)    France is likely to be the second country in the world (after Australia) to introduce plain packing laws for cigarette packages, as the Health Minister announced that a Bill to this effect has been introduced in Parliament.

Spadika Jayaraj

Spadika Jayaraj

Spadika is a student of the National Law School of India University, Bangalore. Apart from Intellectual Property Law, she is also interested in Law and Technology issues.

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