Patent

Microsoft – Nokia deal: A paradigm shift in the standard essential patent licensing business model


This post discusses the recent divestment of Nokia’s businesses to Microsoft and argues that this deal may change the way entities deal with standard essential patent (SEP) licensing on Fair, Reasonable, and Non-Discriminatory (FRAND) terms – and hence is a paradigm shift in the mobile phone industry.  Because of the obligation to a Standard Setting Organization (SSO), and because Microsoft has taken the position (Microsoft v. Motorola) that the SEP licensing be based on chipset value rather than end-product value,…


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Off Topic : Call for Papers : Socio-Legal Review


The Socio-Legal Review (SLR) is a student-edited, peer-reviewed interdisciplinary journal published annually by the Law and Society Committee of the National Law School of India University, Bangalore. The Journal aims to be a forum that involves, promotes and engages students and scholars to express and share their ideas and opinions on themes and methodologies relating to the interface of law and society. SLR thus features guest articles by eminent scholars as well as student essays, providing an interface for the…


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Bumpy Road Ahead


The Financial Express recently reported that the Indian government has eased the norms on technology transfer from overseas firms to Indian companies, hoping that the move will encourage collaboration and effective exchange if know how. (“Tech transfer, royalty payment norms eased”) Commenting on this move, Anand Sharma from the Commerce Ministry stated that, “Technical collaborations are commercial transactions. India needs to access the best of technologies available abroad. The caps were coming in this way. Hence we have liberalised the…


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The case of the Fabulous Fake …


In light of a recent decision by the UK High Court, tweeting might just have a new meaning. To make things a clearer, recently the UK High Court allowed an injunction to be served on an unknown/anonymous blogger who had been posting threads on twitter impersonating Donal Blaney, a solicitor and Conservative blogger. For further details, Donal Blaney (principal at Kent firm Griffin Law and right wing blogger) runs a blog called Blaney’s Blarney and posts updates on Twitter under…


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The Big Bad Wolf as the friendly next-door neighbor(A mixture of the Wolf in Little Red Riding Hood, and the Wolf in The Three Little Pigs, he is a friendly misunderstood crossdresser whom the Fairy Godmother unaffectionately refers to as “some gender confused wolf.” He appears to still be wearing Lil Red’s grandmother’s clothes and is apparently on good terms with the three little pigs. In Far Far Away Idol, he sings “Hungry Like the Wolf”. In recent “Shrek The…


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From Ashes to Dust – War at the Nets…


THE FACTS Earlier this year (in April), the English High Court found Bestnet Europe, a British company manufacturing mosquito nets and its executives liable for breach of confidence for having misused Vestergaard Frandsen’s (a Danish company) trade secrets. For more background information, Vestergaard Frandsen is a developer of leading products to prevent the spread of such diseases as malaria, diarrhoea and HIV. The company’s home page reads as follows:“…an international company specializing in complex emergency response and disease control products…….


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Husha Busha – We All Fall Down!


With Rakhi Sawant’s swayambhar coming to a close, I was all ready for unexpected drama. However, drama unfolded elsewhere and the main actors, NASSCOM and  Manufacturers’ Association for Information Technology (MAIT), gave the government and the IT industry quite a jolt. The drama was in relation to the Draft Policy on Open Standards for E-Governance, introduced by the Ministry of Information and Communication Broadcasting last year. The policy has been high on controversy ever since it’s release. In an earlier post…


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That Don’t Impress Me Much!!


The crocs don’t like it much but they aren’t saying anything. No, it’s not the budget…. Its just that the crocs in Kerala can’t be associated with Steve Irwin says his widow. Though Irwin was famous for his role in wildlife conservation, his wife isn’t too happy about the Kerala Wildlife Department dedicating its crocodile park at Neyyar, Thiruvananthapuram to him. For a brief background, the Kerala Wildlife Department had named their crocodile park ‘Steve Irwin Crocodile Research and Rehabilitation…


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INTA Roundtable on “Trademark Valuation, Portfolio Audits and Due Diligence”


In keeping with the increased focus on IP issues, the International Trademark Association (INTA) is conducting two Roundtables on “Trademark Valuation, Portfolio Audits and Due Diligence” during July, in New Delhi and Mumbai. The Roundtables will cover the following issues: How to value a brand Why trademark registrations are an important part of the process. How to conduct a Trademark Audit of existing applications/registrations. The attempt is to provide trademark owners and other interested parties with valuable insight on how…


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Patent

Patents, Public Interest and Pricing


In M.C. Jayasingh v. Mishra Dhatu Nigam Ltd. & Ors. the division bench of the Madras High Court dismissed an appeal filed by the Appellant – Plaintiff against the decision of a Single Judge disallowing the interlocutory application of the Plaintiff.         The facts in brief are as follows: The Appellant – Plaintiff had filed an infringement suit against the Respondents – Defendants on the ground that the latter were infringing his patents for prosthesis, more specifically,…


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