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Swaraj Paul Barooah

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Trouble Brewing around NBER Paper on Indian Pharma – Part II


Yesterday, I wrote about the big storm brewing around an NBER paper which claimed that the Indian pharma industry was intentionally sending lower quality drugs to African countries. In response to this paper, it appears the Government of India may be launching legal proceedings. In yesterday’s post, I discussed the paper itself – concluding that the paper in its current state was not quite convincing in its own conclusions. [The lead author has responded to a few points in the comments…


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Patent

Trouble Brewing around NBER Paper on Indian Pharma – Part I


We’ve recently been informed of two events, one flowing from the other, both of which I would term as very disturbing in their own way. First, is this NBER Working Paper that concludes that it is likely that Indian pharmaceutical firms differentiate drug quality based on destination of consumption, to the detriment of African countries. Secondly, is the follow up development that the Indian government may be taking legal action against the authors of the above paper. Needless to say – both…


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Patent

Cancer drug price is NOT going from Rs 8000 to Rs 1.08lakhs!


There seems to be a lot of mis-information around the latest supposed “cap” on National Pharmaceutical Pricing Authority (NPPA)’s powers. I thought I would try to clear some of this up. 1. Why exactly is the NPPA’s power being reduced? It’s technically not being reduced. It’s being clarified. As Madhulika pointed out in our post on the topic: The government noted that the NPPA was stepping beyond its given powers by interpreting “extraordinary circumstances … in public interest” in a…


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Trademark

Ladas Memorial Award Competition – for Students as well as Professionals


We’re happy to bring to our readers’ notice, INTA’s Ladas Memorial Award Competition for papers on trademark law or matters that directly relate to or affect trademarks. The competition has a student category (open to non-US students as well) carrying a prize of $2500 dollar, and a professional category carrying a set of Stephen P. Ladas’ three volume treatise Patents, Trademarks, and Related Rights. Winning papers will also be published in INTA’s legal journal, The Trademark Reporter. See more details below: Submit your…


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Patent Publication

An examination of FRAND Challenges for India’s ICT Sector


SpicyIP is happy to announce that we will be starting off our very own ‘journal’ section soon! Rather than a periodical, we will (probably) be accepting and publishing entries year round. We are still finalizing details for this and will announce them in the near future – so do keep an eye out! Further, in addition to this, we have decided to publish some longer form notes sent in by our readers in a “SpicyIP Discussion Paper Series” that is being…


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Copyright

Guest Post: Karnataka Goondas Act – A note on Legislative Competence


A couple of weeks ago, we had an insightful guest post by Nehaa Chaudhari on amendments to Karnataka’s Goondas Act, a draconian legislation which seeks to allow preventive detention for some types of copyright violations. Today, we have a follow up post on that, that argues that the recent amendments are unconstitutional. This post is authored by Nehaa Chaudhari and Amulya Purushothama. Nehaa works on intellectual property/openness law and policy and the Centre for Internet and Society, while Amulya is…


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Copyright

Guest Post: More on the legitimacy of assumed consent


Readers may recall the strange email that the news website Medianama received from Thomson Reuters recently. (We wrote about it here). In short, Thomson Reuters had sent Medianama an email stating that unless they explicitly denied them permission, they would assume permission to use and reproduce Medianama’s content. While Thomson Reuters has since sent in an apology to Medianama, the question of the validity of such an email prompted many of our readers to send in some very pertinent comments….


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Copyright

Stalling scientific progress with chilly copyright censure


[Apologies in advance for the long post. Though its been over a month since this development, I’ve seen it discussed very little anywhere else and thought it better to include as much as I could on it. If you too find this development troubling, please do share it on with your networks to help spread word of it]  Fact scenario:  Diego A. Gómez Hoyos is a 26 year old student, currently in Costa Rica studying for a master’s degree in…


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Copyright

SpicyIP Tidbit: All your content belongs to us (unless you opt out)!


[Update to this post has been made below – regarding a provision in the Copyright Act which may in fact allow this!] Do you know of a copyright provision anywhere in the world that would allow your content (that you created), become an unrelated party’s property unless you sent them an email stating that you’d like to keep your copyright over it? If the letter that our friends over at Medianama received recently are of any indication, Thomson Reuters seems…


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Copyright

Guest Post: Karnataka’s ‘Goondas Act’ – An examination


Many of you may have heard about Karnataka’s new ‘draconian’ Goonda Act which seeks to bring within its ambit ‘digital offenders’ and ‘audio or video pirates’. In this very comprehensive guest post, Nehaa Chaudhari takes a look at this act and points out some severe problems with it. Nehaa is a Nalsar Law graduate. She works on intellectual property/openness law and policy at the Centre for Internet and Society,  New Delhi. [Note: Due to the examination of definitions in the Act, this…


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