Swaraj Paul Barooah



Looking at the Ferid Allani Order on Software Patents

"Technically Moses is the first man to download files from the cloud using a tablet"

Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape? Yet, Ferid Allani, in his quest to get a patent on a “method and device for accessing information sources and services on the web” has inadvertently done just that. Back in 2008, in the course of an appeal against the IPO’s deeming of the patent to have been abandoned, Justice Gita Mittal of the Delhi High Court, passed an…

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Innovation Patent

The India Innovation Index 2019 – Great Start, But Why Hide Section 3(d) and CLs in It?

The 7 pillars that it refers to are: Innovation input aka 'enabler' pillars: (1) Human Capital, (2) Investment, (3) Knowledge Employment, (4) Business Environment, and (5) Safety and Legal Environment; and Innovation output aka 'performance' pillars: (1) Knowledge Output and (2) Knowledge Diffusion. While the report 

On October 24th, the Niti Aayog released the first edition of the India Innovation Index (III). The Institute for Competitiveness was the knowledge partner for this endeavour. After years of various other global and pseudo global innovation (and IP) indices, it is a welcome development to see a national index that examines innovation within the country. It’s a 250+ page document with a substantial amount of data and analysis, as well as a large number of (very useful) graphical representations,…

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Innovation Patent

(Nobel) Prizes and Patents: Kremer and AMCs

News clipping with text quoting Abhijit Banerjee, "Yes. It was very early in the morning. I’m not an early morning person. I figured it would be an assault to the system if I don’t continue my sleep"

As readers know by now, the Nobel Prize in Economics (officially known as “The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel”) went to Esther Duflo, Abhijit Banerjee and Michael Kremer for their work in development economics. All three have done remarkable work and several sites have discussed this in varying degrees of detail as a web search will show (for eg: do check the Marginal Revolution blog which has listed out the various papers done by…

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The Shamnad Basheer IP/Trade Fellowship with Texas A&M University School of Law [Apply by Sep 15]

A picture of Prof Shamnad Basheer

Even as we continue to come to terms with the passing of Prof. Shamnad Basheer, it has been of some comfort to hear of the various initiatives and ideas that people have started considering to help continue carry his legacy forward, in both the IDIA community as well as the IP community. While we look forward to seeing many of these ideas bloom, we are pleased to bring to our readers news of one such initiative that has just been…

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India’s National IPR Policy approved

India’s National IPR Policy was approved by the Union Cabinet yesterday. Readers can view the final policy here (PDF). I’m yet to go through it, so am reserving comments for now. Our previous posts on the draft policy can be found here. Press release pasted below: “Creative India; Innovative India: रचनात्मक भारत; अभिनव भारत”  The Union Cabinet yesterday approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. The Policy recognises…

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Copyright Others

IP lawyer copies IP lawyer, on copying!

[This post has been authored by Gopika and is being posted on her behalf]. [Update: We have an update to the post, as described at the bottom of the post]. The heights of irony! What do you do when an IP lawyer copies an IP lawyer – on the topic of copying? A few days ago, Ms. Leila Amineddoleh, partner and co-founder of Galluzzo & Amineddoleh LLP and a specialist in art and IP law, alleged plagiarism (see here) of…

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Copyright Data Exclusivity Others Patent

Latest RCEP IP Chapter leak reveals more cause for worry

Last night, Knowledge Ecology International (KEI) managed to leak yet another updated version of the IP chapter of the secretive RCEP negotiations. The October 2015 version is now available on their site here. We had written on an earlier (June, 2015) draft that KEI had leaked here. As per Wikipedia, this is the 12th round of negotiations, and one more round of negotiation has happened (Feb, 2016) since this Oct 2015 draft. There are an expected 14 rounds scheduled, with the last one in September, 2016. An…

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Guest Post: Translating the Miracle of Marrakesh into Concrete Action – the Journey So Far

As recently announced, we have opened our 4th annual SpicyIP Fellowship series and are now accepting applications. [Click here to see how to apply]. Our first application this year comes from Rahul Bajaj, a very enterprising 4th year student from the University of Nagpur, where he looks at the current status of the Marrakesh Treaty. The Marrakesh Treaty adopted back in July, 2013 by 64 countries, and at the time hailed as a significant step towards increasing accessibility for the print-disabled, has…

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Drug Regulation Patent

Guest Post: “Martin Shkreli: The Man of the (Pharma) Year 2015”

I’m very happy to bring you a guest post by a dear friend of the blog, Mr Zakir Thomas, on the entrepreneur who ironically may have managed to bring more scrutiny on the out-of-control circus that drug pricing is, than health activists have managed in years of trying! Yes, we’re talking about the infamous Martin Shkreli. Readers may remember that I had voiced a similar sentiment in my piece titled ‘The Good that Martin Shkreli has done“. In this piece, Zakir Thomas takes up…

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Copyright Patent

Copyright issues in Roche v. Cipla?

It turns out that aside from the myriad patent law issues involved in last week’s Roche v Cipla decision (see Rupali’s posts here: Part 1, Part 2), there may be some copyright considerations as well! It appears that paras 4 to 37 of the judgement are nearly identical to a 2013 note written in the Queen Mary Journal of Intellectual Property by Shwetasree Majumdar (co-founder of Fidus Law Chambers, also one of our former bloggers) and Eashan Ghosh (of S. Majumdar…

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