Author name: Swaraj Paul Barooah

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Guest Post: Bare Licensing in India

Anubha Sinha, a 4th year student from Dr RML National Law University brings us an interesting post on the concept of Bare licensing – a topic that I believe our blog hasn’t touched upon before. She takes us through the concept in foreign jurisdictions as well as in India and concludes that bare licensing in India will lead to an abandonment of the trademark. This is her first submission in the SpicyIP Fellowship applicant series.  Quality Control in Indian trademark

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Guest post: LAVA aims for 100 Mobile App Patents

Snigdha Roy, a 3rd year student from GNLU, brings us her second submission in our SpicyIP Fellowship applicant series. In this post, Snigdha looks beyond the press statement made by a certain Indian mobiles devices company to examine a possible trend that may be starting in this sector.  LAVA aims for 100 Mobile App Patents One of the earlier cases regarding cell technology involved Star Trek! Necessity is the mother of all innovations and innovation is the key to success. To survive the

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Guest Post: Copyright in Social media – AFP v. Daniel Morel

With social media interactions on the rise, it seems to be just a matter of time before questions of copyright infringement and issues over terms of service relating to social media start pouring into the courts. L. Gopika Murthy takes one such situation that’s arisen in an American case and examines how it may have been handled in India. This is her third submission in the SpicyIP Fellowship applicant series. This post discusses the issues regarding copyright of content posted on

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Open Access: What is it about?

Aaron Swartz’s recent suicide has sparked discussion all over the internet, with much of it to do with his  strong belief in the moral imperative of sharing scholarship and making it accessible to all. There’s a certain strong raw attraction towards this idea, however, it’s practicality is far from a simple matter. It’s a rather complicated and nuanced question that needs more serious discussion along with the impassioned cries. I found myself in one of these discussions, (sparked by Shashank

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Guest Post: Examining the Recently Announced Compulsory Licenses on anticancer drugs

In light of the recent decision to issue compulsory licenses for three anti-cancer drugs, Madhulika Vishwanathan brings us her third submission for our SpicyIP Fellowship application. After looking into the possible legal provisions that could have been used in pursuing this decision, she examines how generics may follow up on this decision by noting the differences in approach that they will have to take regarding small molecule drugs and biologics. (Note: Much of the first half includes quoted provisions, so

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SpicyIP Events: Patracode announces Workshop on Tools for Researching and Managing Intellectual Property

  SpicyIP is pleased to announce Patracode’s workshop on tools for researching and managing Intellectual Property. Interested participants should note that while there is no registration fee, seats are limited, so all interested parties are requested to confirm by January 21st, 2013. More details as stated below: “Patracode, founded in 2010, is a unit of quick learners who are actively involved in catering the needs of seekers in the field Intellectual Property. They have earned good experience of handling the

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Aaron Swartz, RIP

See Cory Doctorow’s eulogy here Some of us in India may not have heard of Aaron Swartz, a 26 year old activist who was heavily involved in copyright policy issues and issues surrounding technology freedom. He committed suicide on Jan 11th, 2013 and his story is a sad one which is certainly worth sharing. However, what’s also important to note, are the circumstances which may have led his eventual suicide. While it cannot be confirmed, it appears that his arrest and indictment

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SpicyIP Fellowship reminder

As announced earlier, SpicyIP is offering a Fellowship for researching and writing on developments in the Indian intellectual property rights and innovation policy scenario. There are currently 15 days left to apply for the Fellowship. Once again, at least 3 guest posts are required to be submitted by the end of this period to be considered eligible for the Fellowship. We’ve already received several great entries and we look forward to receiving more as the deadline approaches.  There does however

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Incentives through Recognition? Nobel Assembly sued for libel and unfair competition

Image from here Incentives have generally proven troublesome in the context of the intellectual property regime. Right from questioning whether the correct amount of incentives are being given in terms of 20 year exclusionary periods (See for eg, 8th and 9th para of my previous post on Patents and Innovation here), to more fundamental questions of how much, if at all, external incentives are required in the first place. (See for eg, Eric Johnson’s paper on IP and the Incentive

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Guest Post: Plain Packaging Laws for Tobacco Products

L. Gopika Murthy submits her second piece for the SpicyIP Fellowship with a guest post on Plain Packaging Laws. The submission discusses the purpose of plain packaging laws as well as the effect of these laws on the intellectual property rights of the tobacco companies. Gopika is a 2nd year student at NLSIU, Bangalore and her first submission can be viewed here.  PLAIN PACKAGING LAWS Recently, a Private Members Bill seeking amendment to the present Cigarettes and Other Tobacco Products Act

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