Author name: Swaraj Paul Barooah

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Looking beyond IP Internalism

/ By / Innovation

In a previous post, I had mentioned Kapczynski’s paper “The Cost of Price: Why and How to Get Beyond Intellectual Property Internalism“. Since then, I’ve had a chance to read it more thoroughly and will be reviewing the article here as it goes over a topic I personally find very important and relevant. (Full disclosure: I had RA-ed for Prof Amy Kapczynski in 2010 and she is also on my dissertation committee.) Also, Warning: Longer than usual and theoretical (but […]

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Guest post: ICC Development v New Delhi Television

/ By / Others

We bring you another guest post by Archana Sahadeva, this time reviewing a case just decided on fair dealing vis-a-vis Copyright and broadcast reproduction rights. (See previous guest post by Archana here) ICC DEVELOPMENT (INTERNATIONAL) LTD & ANR. V. NEW DELHI TELEVISION LTD.   CS (OS) No. 2416/2012 Decided: September 18, 2012 ­   The Hon’ble Delhi High Court is embroiled in a yet another dispute involving the copyright and broadcast reproduction rights of the Plaintiffs vis-à-vis the “Fair Dealing” defense

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SpicyIP’s Weekly Review – September (Week 2)

/ By / Copyright, Trademark

SpicyIP had a slightly busier week than normal with a good variety of topics being covered this last week. For our previous weekly reviews, see here. (We are currently experimenting with different formats for this weekly review and will eventually settle into one format depending on what readers prefer)  I would peg the engaging debate that’s been going on between our writers over the OUP – DU case as our highlight of the week – Great dialogue about an interesting topic. (I

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Trans-Pacific Partnership Act – A look at the IP provisions

/ By / Copyright, Patent

Two months ago, we wrote about the ‘child of ACTA‘, the TPP (Trans-Pacific Partnership Agreement) (that post was covered by ExpressPharma along with more Indian views on the TPP here). Unfortunately though, the ‘shock’ factor that the ACTA had brought with it no longer seems to be present as the public conscience seems to be tired of dealing with the same issues over and over again. And that’s precisely what the TPP seems to be doing. The same lobbyists seem to

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Guest Post: Securitization of IP – Part B

/ By / Uncategorized

Continuing from part 1 of her post on Securitization of IP, Nehaa Chaudhari writes about Securitization of IP : PART B (This is a continuation of an earlier post, wherein PART A introduced the concept of securitization and its invocation into the field of intellectual property rights while highlighting generic concerns with the same. This part deals with specific issues that need to be addressed, the rating conundrum and ends with a few concluding remarks, based on the discussion in both

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Guest Post: Securitization of IP – Part A

/ By / Uncategorized

SpicyIP brings you a 2 part guest post series on a topic we have spoken very little about on the blog – Securitization of Intellectual Property. Nehaa Chaudhari, a 5th year student at Nalsar University of Law, picks up this oft overlooked area and starts an interesting discussion on widening the market for security instruments tied to intellectual property. THE SECURITIZATION OF INTELLECTUAL PROPERTY (This has been split into two posts, PART A and PART B. PART A introduces the

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Apple v. Samsung – An ‘innovative’ decision?

/ By / Innovation

“ For us this lawsuit has always been about something much more important than patents or money. It’s about values. We value originality and innovation and pour our lives into making the best products on earth.”  – Tim Cook, in his memo to Apple’s corporate employees after the $1.049 billion dollar verdict that went Apple’s way in it’s smartphone patent battle with Samsung, in US District Court, Northern District of California.     “Good artists copy. Great artists steal”  – Steve Jobs,

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SpicyIP’s Weekly Review

/ By / Copyright, Patent

A new feature that our SpicyIP team will be serving you is a weekly roundup of notable IP developments both in and out of India. Image from NYtimes The highlight of the week is undoubtedly the huge Apple-Samsung verdict announced late Friday evening. In an extraordinarily short period of time (3 days) the federal jury in a Californian court came to its conclusion and awarded $1.051 billion to Apple in damages while finding Samsung guilty on most counts of infringement. A

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SCP’s Questionnaire on Exceptions and Limitations to Patents

/ By / Patent

Recently WIPO’s Standing Committee on the Law of Patents (SCP) sent out a questionnaire to member states regarding member state’s exceptions and limitations to patent rights. The responses have come in and inadvertently a terrific resource for comparing and contrasting different nuances of patent laws in various countries has been formed. For instance, the public policy objectives of each exception and limitation that a state has are now conveniently listed and displayed; as well as whether the state has concluded

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An improved prior art search tool – Google Patents

/ By / Patent

While I might not have been too happy with the update from Google yesterday, the update from Google a few hours ago certainly seems like good news. Google already allows users to search through the entire corpus of US patents and starting this week, they have also added the applications that have been submitted to the European Patent Office.  Not only that, they have also added a specific ‘prior art finder‘ that looks remarkably useful. Once a search result is

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