Author name: Swaraj Paul Barooah

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Guest Post: Barriers to Recognition and Unheeded Warnings: The TKDL Saga

/ By / Patent, Traditional Knowledge

In continuation from his previous post titled “Questioning the Fallacy of a Closed-Access TKDL“, in this post, Balaji Subramanian puts forward some well thought out structural and legal critiques of the TKDL which he opines has rendered its usage sub-optimal. This 2 part series is Balaji’s first entry to our SpicyIP Fellowship applicant series. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Barriers to Recognition and Unheeded Warnings: The TKDL Saga By: Balaji Subramanian […]

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Guest Post: Questioning the Fallacy of a Closed-Access TKDL

/ By / Patent, Traditional Knowledge

Balaji Subramanian, a 2nd year student at Nalsar University of Law, Hyderabad, brings us an excellent 2 post series on issues relating to the Traditional Knowledge Digital Library (TKDL). In this first post, he examines the closed nature of the TKDL and argues that keeping the TKDL closed will prevent it from reaching its full potential. In his second post, he goes on to examine other structural and legal critiques of the TKDL which may be preventing its optimal usage.

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Guest Post: Cricket, Death and a Trademark!

/ By / Privacy, Trademark

As many of our readers would have recently noticed, the cricketing world and social media in general was abuzz with tributes after the recent unfortunate demise of Australian cricketer Philip Hughes. The phrase “63 not out” was used in many of these tributes, both on social media as well as on various memorabilia. In response to this, the Australian Cricket Board has recently decided to trademark the phrase “63 not out”. As his first entry to our SpicyIP Fellowship applicant series, Atharva Sontakke, a

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Guest Post: IPRS, Indian Railways, & Rabindrasangeet (!)

/ By / Copyright

Prashant Reddy, our most prolific blogger till date, takes a step out of blogging retirement to bring us this timely guest post on a curious development at the Indian Railways. It appears that IPRS, the copyright collecting society (or perhaps more appropriately, “company”, as they’ve also claimed), is trying to collect hefty royalty amounts from Indian Railways for playing Tagore’s music and other classic Bollywood melodies – the problem being that much of this is already in the public domain! This isn’t

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New year wishes: Let’s all contribute towards beautifying the IP landscape

/ By / Innovation, Others

The SpicyIP team would like to wish all our readers a very happy and prosperous new year!! As we look back on the year that was, the blog has seen a very spicy year! From welcoming in a terrific new bunch to the team, to hearing words of praise for the blog from Amartya Sen, to finding SpicyIP being cited by major newspaper across the world and even (at least) one news channel! And of course – 2015 will be the year

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Guest Post: Innovation in the time of SEPs & FRAND licensing

/ By / Innovation, Patent

As his first entry to our SpicyIP Fellowship applicant series, Kartik Chawla brings us an interesting post looking at the smartphone patent wars from an innovation perspective. He says a disruption in the smartphone sector may help overcome some of the issues that are cropping up with all the SEP and non-SEP related licensing trouble. Kartik is a 3rd year student from Nalsar University of Law, Hyderabad and has written some guest posts for us earlier here. [Readers interested in finding out more

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Guest Post: Seeking Clearance under Section 39 of the Patents Act? Think Again!

/ By / Patent

With his 2nd submission to our SpicyIP Fellowship applicant series, Aabhas Kshetarpal brings us a very interesting post looking at a recent decision of the Delhi High Court on the interpretation of section 39 of the Patents Act. He points out that the decision means that applicants filing a PCT application by way of a section 39 clearance may inadvertently delay their international filing date. He then goes on to suggest that the Court’s interpretation of the section may be incongruent with the

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Guest Post: Google Books in the Clear: The Appeal Process a Mere Formality?

/ By / Copyright

We’re happy to bring you the 1st entry selected for our SpicyIP Fellowship applicant series! Aabhas Kshetarpal is a 4th year student at NLU, Jodhpur. In this post, he looks at the current status of the ongoing Google Books Library Project case and brings forth an interesting, even if possibly presumptive opinion that the bench seems to have already shown what direction they’d be taking with this case. Read on for more. [Readers interested in finding out more details about our SpicyIP

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National IPR Policy 1st draft is out

/ By / Copyright, Innovation, Others, Patent, Trademark, Traditional Knowledge

The Department of Industrial Policy and Promotion (DIPP) has put up the 1st draft of the National IPR Policy submitted by the IPR Think Tank chaired by Justice Prabha Sridevan. The draft, dated 19th December, appears to have been uploaded today. Presumably the ‘confidential’ tag that it displays no longer applies. While I’ve only been able to glance at it so far, it does appear to be a balanced document and a positive step forward. We shall bring you a

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Guest Post: The Twelve Gifts of a National Intellectual Property Policy

/ By / Copyright, Innovation, Others, Patent, Trademark, Traditional Knowledge

In a recent post here, we had unveiled the Baseline Draft National IP Policy that I opined, though later mysteriously discarded, was a very well thought out document. We’re delighted to bring to our readers a fantastic guest post by Prof Sivaramjani Thambisetty with further thought on what a National IP Policy ought to consider. Prof Thambisetty is an Associate Professor of Intellectual Property Law at London School of Economics and Political Science, as well as a long time friend of the blog. As

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