Author name: Swaraj Paul Barooah

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Taking IP on a spin – round 2

/ By / Innovation, Patent

This is the second post of a two part series where I am looking into the manner in which certain industry lobbies have worked towards creating a certain perception/narrative of IP in which maximalist IP policies are hailed as the best and only way forward. In part 1, I discussed the heavy industry influence in the creation of the TRIPS agreement as well as the intellectually dishonest methods in which IP maximalist policies were justified. Continuing from where I left […]

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Taking IP on a spin – round 1

/ By / Innovation, Patent

The lines below (emphasis: mine) are taken out of a letter (see here) dated August 2nd, 2013 sent by 4 US Senators requesting the US International Trade Commission (USITC) to investigate India’s international trade (read: IP) policies. “Based on the survey and analysis of results, and to the extent feasible, a summary of U.S. firms’ perception of (1) recent changes in India’s trade and investment policies in selected sectors and (2) the effects of these changes on U.S. firms’ strategies towards India …”

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Guest Post: “RPG Life” Arbitration – some interesting observations

/ By / Others, Trademark

Shashank Mangal, who is fast becoming one of our regular guest posters, brings us a post on a in an area we don’t cover very often – domain name disputes. Shashank is a 4th year student at ILS, Pune. “RPG Life” Arbitration – some interesting observations Recently, an award (here) was passed in a domain name dispute initiated by an Indian entity ‘RPG Life Sciences Ltd.’ against ‘James Mathe’. It was arbitrated upon by ‘WIPO Arbitration and Mediation Center’ and

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Guest Post: Change of fees in new Patent Rules

/ By / Patent

We’re happy to bring our readers a guest post on the recent amendments to the Patent Rules dated 28th February, 2014. The article below is written by Advocate Abhishek Pandurangi, an Indian IP Attorney and Founder, CEO of closer2patents, an IPR Solutions Firm based in India and UAE, with contribution from Ms. Geetha Loni, Senior IP Associate at closer2patents. It does not intend to provide any legal opinion nor is intended to be biased to any person or group of persons

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Guest Post: A look at Software Patents – II

/ By / Patent

Punam Kadam continues her two part blog post here. You can view the first part of her post here. [You can also view our previous related posts here (Shamnad’s comments on the guidelines) and here (Aparajita’s post highlighting the feedback received on the draft IPO Guidelines)] A look at Software Patents – II Continuing from my previous post that looked at the patentability of software in various jurisdictions in the light of the distressing reactions from Software industry associations, this post seeks to anatomize the inadequacies

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Guest Post: A look at Software Patents – I

/ By / Patent

In this 2 part guest post, Punam Kadam takes a look at software patents by first examining basic principles and international treatment of software patents, and then goes on in her second post to suggest that the IPO has erroneously used some key terms in their draft guidelines. Punam Kadam is a research professional who has worked in Pharma and Agrochemicals Industry and currently working as a Patent Associate at Inttl Advocare. The views expressed are her personal views and

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GIPC IP Index: Propagating imaginary IP norms

/ By / Copyright, Innovation, Patent, Trademark

One would expect that the US Chamber of Commerce would have enough funds to commission a thorough and well researched report whenever they were to do so. Yet, their GIPC IP Index 2014 is what I would call a thoroughly embarrassing example of research methodology, let alone something that can be passed off as a useful “international index”. Is it a coincidence that the report comes up with results that favour some of industries well known for their lobbying in the United

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Guest Post: It’s time for Real Action, Jackson

/ By / Trademark

Shashank Mangal, a 4th year student from ILS, Pune, brings us a newsy tidbit relating to a Hollywood-Bollywood movie title clash. It’s time for Real Action, Jackson Warner Bros. has sent a legal notice to Baba Films asking them to change the title of their forthcoming movie ‘Action Jackson’ as its use will lead to infringement of their trademark which it claims is also valid in the sub-continent…. On February 4, 2014, Warner Bros. sent a legal notice (click here)

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Guest Post: Copyright – shield or sword against “revenge porn”

/ By / Copyright, Privacy

With the ever-increasing pervasiveness of technology into our lives, the law is often left lagging behind in terms of how it can deal with resultant issues. In this post, Sadhvi Sood, a 3rd year student from NUJS, examines whether copyright law can deal with one such issue – ‘revenge porn’. Copyright – shield or sword against “revenge porn” The recent phenomenon of “revenge porn” over the internet is representative of the conundrum that can be created when technological developments are

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Announcing the SpicyIP Fellows for 2014 – 2015!

/ By / Others

With nearly 70 entries over the course of 6 weeks, from 14 different law schools, we’ve had a terrific response to our call for applications to the 2nd Annual SpicyIP Fellowship! Of all the submitted entries, 24 entries made it as guest posts to our blog. We were very pleased to note the marked increase in participation as compared to last year when we received about 40 submissions of which we published 18. The criteria for selection included topic choice, research,

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