Author name: Swaraj Paul Barooah

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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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Hear from our Fellows 2014-15!

/ By / Others

As I mentioned yesterday, the application window for the SpicyIP Fellowship 2015-16 will open next week. To be considered, applicants will need to submit at least 3 posts within the 6 week period between December 8th, 2014 and January 16th, 2015. For those who are wondering whether this is something they want to try their hand at or not, here are some words from our current Fellows on their experience with the team. “The SpicyIP Fellowship was the best thing

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Announcing the 2015-16 SpicyIP Fellowship!

/ By / Others

Following the great success of the previous two editions of our SpicyIP Annual Fellowship, we’d like to announce the 3rd edition of the SpicyIP Annual Fellowship – for the year 2015-16! We’re also very happy to announce that after nearly a year of great work on the blog, all three of our present SpicyIP Fellows – Devika Agarwal, Spadika Jayaraj and Thomas Vallianeth – have been invited to stay on with the team after their fellowship period expires in February, 2015!

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The Draft IP Policy that’s MIA, & more on the Think Tank

/ By / Others

This post will (1) release the draft National IPR Policy that had been submitted by the (earlier formed) three-member committee; (2) discuss how it has been arbitrarily side-lined by the DIPP; and (3) take a look at some of the questions being directed towards the newly constituted IPR Think Tank. New readers may also want to check my background post here – National IPR Think Tank – Whats Going On?   I. The Draft IP Policy that was assigned and then ignored  As I

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National IPR Think tank – What’s going on?

/ By / Others

[Editor’s note: There is now a follow up post available here] The new IPR think tank has opened up questions galore! What exactly is going on here? In this post, I’m putting forth three questions I’d like to see answers to: 1. Sagnik Dutta at Frontline has come out with an in-depth article on some rather questionable decisions by the Government with respect to the new National IPR think-tank that was constituted recently. (See our post on it here). The Department

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