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SpicyIP Weekly Review (April 12 – April 19, 2015)


This week on SpicyIP, our Highlight of the Week is Spadika’s post on a Brazillian team finally seeking permission to milk the benefits of the Ongole Bull, a species that is indigenous to Andhra Pradesh. She notes that while S. 3 of the Biological Diversity Act mandates that an approval from the National Biodiversity Authority (NBA) be taken before ‘foreigners’ obtain any biological resources, including animals and their by-products, or any knowledge associated with the same for research or commercial utilization, the Brazillians had been sidestepping this requirement by exporting the Ongole Bull, which is quite popular in the country. To counter this, ports in AP and Bengal had put on high alert, and cases had been booked under the Cruelty to Animals (Prevention) Act and the Transportation of Animals (Prevention) Act. She notes that the attempts of the government seem to finally have borne fruit, as a ‘Brazilian team’ has just made an application to the NBA to import 5,000 units of the Ongole Bull’s germplasm. She further notes that this could be quite beneficial, as the NBA is required to ensure, in case it approves the application, that the terms of approval include an equitable benefit sharing between the ‘Brazilian team’ and the local bodies involved, preventing the exploitation of the farmers.

Anubha brought us a very interesting tidbit on the IPL, where the organisers were slapped with a legal notice by the IPRS for the use of Bollywood music in the opening ceremony, while they had only obtained a license to use music at the matches themselves. The organisers of course promptly paid up the fees, but the curious part of this update arises from the fact that it comes right on the heels of our post a couple of weeks ago regarding the legal quagmire IPRS is currently stuck in.

Finally, in my post for the week, I wrote on the Network Neutrality debate in re the TRAI Consultation, putting together a list of links intended to act as a primer for anyone interested in the Network Neutrality debate, listing arguments that have been made by both the sides, in keeping with the spirit of neutrality. I note in the post the importance of Network Neutrality for the very idea of the Internet as we know it, but also caution against creating a rule of ‘absolute’ Network Neutrality, in favour of a more balanced approach along the lines of Barbara van Schewick’s recommendation to allow application-agnostic discrimination.

International Developments:

  1. Wave Of Protests Against TTIP, CETA, TISA.
  2. WIPO Development Committee To Hear Report On Implementation, Discuss Patent Flexibilities.

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