Innovation

Innovation- It’s All In The Mind


There’s this series of videos of Harvard Business Publishing on YouTube I came across recently, a good number of which are dedicated to the theme of innovation. One of them, which I found to be of relevance to markets like India is a short interview of Prof.Vijay Govindarajan, Earl C. Daum Professor of International Business at Tuck School of Business (Dartmouth College). (To know more about Prof.VG, as he is popularly known, visit here and his blog) In this video,…


Read More »

Open Source: Who and How Do I Hold Responsible/Liable?


Yesterday was an interesting day, interesting because the day threw up a lot of questions, the answers to which I am not sure of (which would mean I have something that resembles an answer), but the very questions have pointed me to another rich area of (potential?) research. I am pretty sure mine may not be the first head in which these questions have popped, yet that doesn’t stop me from relishing the questions or the fact that these questions…


Read More »

Section 3(d): A Positive Twist in the Tale?


Last year, we had blogged on a writ petition filed by Glochem Industries against the grant of a patent to Cadila healthcare pursuant to a pre-grant opposition filed by Glochem. Cadila’s application (now a patent) concerned Crystalline form of Clopidogrel Besylate, which is used to prevent clotting of blood and in treatment of cardiac ailments.   A regular reader of SpicyIP, Sandeep K. Rathod, recently brought to our notice the decision of the Deputy Controller of Patents (Mumbai Office) in a review…


Read More »
Copyright

Inception, Ideas and Incentive – II


Last month, Amlan wrote a thought-provoking post connecting this summer’s scintillating blockbuster “Inception” and copyrights.  This post is a mini-“sequel” to his post (and hence the “II”). Yesterday, I happened to stumble upon a video of Rajeev Masand’s interview of Aamir Khan. During the course of the interview, Masand asks Aamir his opinion on the chances of the Indian film industry making a film comparable to Inception in content, sophistication and presentation. Aamir gives his take on the qualitative sea of difference…


Read More »
Uncategorized

IP Taxation: Know-how, Consultancy and Service Tax


A few days ago, out of sheer interest I was searching for some literature on a topic (taxation) which I wouldn’t exactly call my comfort zone, not because I don’t have an aptitude for it, but because I don’t know much about it, in fact I know very little. This search was not a random one. For quite some time, I have wanted to understand taxation better for academic and practical purposes, but somehow for one reason or the other,…


Read More »

IP Vacancy in Delhi


Firm Profile: One of India’s leading IP and Litigation & Arbitration law firms Location: New Delhi Roles and Responsibilities:  i. Handling Domain Name Disputes (UDRP/INDRP) ii. Handling contentious IP files (Oppositions/Rectifications/Lawsuits)  Required Qualification: i. One year of experience in trademarks practice, preferably litigation ii. Excellent communication skills in English, both written and verbal  Salary Commensurate with the best in the industry Contact [email protected]


Read More »

Guest Post: Bilski and Software Patents


In the last few posts, SpicyIP has discussed the Bilski decision of the US Supreme Court. In this post, we bring forth a crisp analysis by Adithya Banavar (a brilliant and socially-conscious final year student of NLSIU, Bangalore) on the effect of the decision on software patents. Adithya too agrees that Bilski for the most part does not affect patent eligibility of softwares and does not bar grant of patents to business methods. Adithya In 1998, the Court of Appeals…


Read More »

Bilski: A Few Thoughts More…


“Bilski Ruling: A Victory on the Path to ending software Patents” reads a short stub on the Bilski decision on the site of Free Software Foundation. As pointed out earlier, the Bilski judgment was expected to deal with patentability of softwares also, but what is surprising is that the word “software” finds mention hardly 2-3 times in the 71-page judgment (twice on internal page 9 and once in footnote 40 on internal page 31). On page 9, Justice Kennedy observes…


Read More »

Bilski: Pandora’s Box or Panacea?- III


In the last post, we dealt with Justice Stevens’ opinion; in this final post on the Bilski decision, we discuss Justice Breyer’s opinion. Justice Breyer’s Opinion Justice Breyer begins his opinion by concurring with Justice Stevens that the Bilski application must be rejected on grounds of claiming a business method since a business method is not a patentable process within the meaning of “process” under Section 101. He then states that the purpose of his opinion is to summarise the…


Read More »

Bilski: Pandora’s Box or Panacea?- II


In the last post, we had undertaken analysis of Justice Kennedy’s opinion in the Bilski decision. In this post and the next, we discuss Justice Stevens’ and Justice Breyer’s opinions. Justice Stevens’ Opinion Justice Stevens concurs with the conclusion of Justice Kennedy, but differs with the logic applied to reach it. He disagrees with Kennedy .J, in that he is of the view that merely because a series of steps are specific and not abstract, the steps do not constitute…


Read More »