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SpicyIP Weekly Review (15-22 November, 2015)


spicyip weekly review

Highlight of the Week

This week’s highlight has to be Rupali’s excellent post on the TPP, in which she mounts a multi-front attack on the agreement’s IP provisions. After pointing out the lack of transparency in its negotiation process, she highlights the problems surrounding patent term extensions, data exclusivity and patent linkage. I highly recommend reading the longer, original piece over at The Wire – it’s worth your time, trust me.

Shruthi then put up a tidbit on Naik Naik & Co’s certificate course on media and entertainment law, to be held at ILS, Pune from the 4th to the 6th of December.

Rounding up our lineup in what was decidedly a slow week was Rajiv’s post on SEP royalty calculation, in which he argues that non-market costs such as government taxes, import duties, etc. must not be included in the base value used to calculate royalty payments. He goes on to assert that an appropriate base value for smartphone patents would be the value of the chipset, rather than the device as a whole.

International Developments

  • Google has vowed to direct its considerable resources to help content creators on YouTube fight bogus copyright claims, but only in “genuine fair use cases”.
  • An ugly squabble has raised its head over the copyright to Anne Frank’s diary, with the eponymous foundation asserting that her father Otto made significant contributions to the work, meaning that its copyright could be extended by another 35 years.
  • A US district court judge has used Taylor Swift’s lyrics to dismiss a copyright infringement suit filed against her.

Balaji Subramanian

Balaji is a third year student at NALSAR, Hyderabad. He is currently an editor of the Indian Journal of Intellectual Property Law. He is fascinated by technology law and IP law, and is an active member of NALSAR's Technology Law Forum. When he isn't doing law school things, he wanders the country looking for quizzes to participate in. He can be emailed at [email protected]

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