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Swaraj Paul Barooah

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India puts Draft Model Bilateral Investment Treaty up for comments

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MyGov.in, the government’s online platform for ‘Citizen Participation towards Good Governance’, has a Draft Indian Model Bilateral Investment Treaty (BIT) text that is up for comments till 5pm, April 10th 2015. The platform has in fact made it very easy to comment by providing a comment box type feature not too different from most websites’ comments feature. You can find the text as well as the place to comment at this link here. I’ve just skimmed through the text so…


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Copyright

Guest Post: Shouldn’t We Liberate Laws from the Clutches of Copyright Law?

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We’re delighted to bring our readers a very pertinent guest post by a dear friend of the blog, Dr. Arul George Scaria, assistant professor at National Law University, Delhi – discussing a very basic issue that, if memory serves me right, has somehow escaped our attention on this blog! While we have earlier discussed whether “standards” can/should be copyrighted (see post here), the current post deals with the issue of the very text of our laws being copyrighted. We’d love…


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Others

More Submissions on the Draft IP Policy

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In a few previous posts, we’ve taken a look at some critical comments that have been submitted to the DIPP, on the draft IP policy prepared by the IP Think tank – see Prof. N.S. Gopalakrishnan and Dr. T.G. Agitha’s views here, and some comments by other academics and civil society here and here. It so happens that several of the other comments submitted are currently available online. As they haven’t (yet?) been made available on the DIPP website, I…


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Copyright Innovation Others Patent Trademark

Guest Post: Academics submits critical comments to DIPP on draft National IPR Policy by IP Think Tank

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Raghul Sudheesh, a close friend of the blog, brings us some very important perspective on the draft IP policy from some of India’s top IP scholars, Prof N.S. Gopalakrishnan and Dr T.G. Agitha, both from Cochin University of Science and Technology (CUSAT). Prof N.S.Gopalakrishnan is internationally recognized as one of India’s foremost IPR experts, and has played a very influential role in policy making, international negotiations, and legislative drafting. They are very critical of the draft National IPR policy, pointing out several…


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A Warm Welcome to our new SpicyIP Fellows for 2015-2016!

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We’re very happy to announce the results of the third edition of our SpicyIP Fellowship programme for the year 2015-2016! From over 40 submissions in the last few weeks, 22 were selected for publication on the blog. The criteria for selection included topic choice, research, analysis, clarity and language skills. The year long Fellowship begins on February 1st, 2015 and runs on till January 31st, 2016. The competition was stiff, with six candidates making it to our finalists list. After due consideration, we’re happy to…


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Copyright Others

Guest Post: Garcia v. Google: Opening a Can of Worms?

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In her third post for our SpicyIP Fellowship applicant series, Arundathi Venkataraman, brings us her analysis of the now (in)famous Garcia v. Google case, looking at how it might’ve been dealt with in the Indian context, looking into ‘consent’ and moral rights of a performer. Arundathi is a 4th year student at NLU-Jodhpur. Her previous posts for the Fellowship have included “GI for Yoga? (De)Merits and Consequences” and “Are Copyrights in Logos considered Trademarks for the Purpose of Taxation?” [The deadline for…


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Copyright Others

Guest Post: WIPO Broadcast Treaty- An Unnecessary Evil?

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Atharva Sontakke brings us his 3rd entry to our SpicyIP Fellowship applicant series with this post looking into the WIPO Broadcasting Treaty – and whether signing such a treaty would make sense for India or not. Readers interested in the topic may also want to take a look at the Centre for Internet and Society’s comments to the HRD ministry on the WIPO Broadcasting treaty – available here. Atharva is a 3rd year student at GNLU. His previous submissions include “Cricket,…


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Others Overlaps in IP Privacy

Guest Post: ‘Ownership’ of Social Media Contacts

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Atharva Sontakke brings us his 2nd post in our SpicyIP Fellowship applicant series with this post looking into the oft neglected area of Trade Secret law, and how it interacts with the ‘ownership’ of social media contacts. Atharva is a 3rd year student at GNLU. His first post is available here: Cricket, Death and a Trademark! [The deadline for submission of entries for our Fellowship application has now passed. We shall be going over the submissions received thus far and will announce…


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Copyright

Guest Post: The Murky World of Fan Fiction and Copyright

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Kiran Mary George brings us her 4th submission to our SpicyIP Fellowship applicant series with this post analysing the legality of fan fiction. In the post, she takes a look at the relevant US law and Indian law, and concludes that while non-commercial fan fiction may be fine, venturing into selling your work may prove risky. Kiran is a 2nd year student at ILS, Pune. Her previous three entries have been “The Smell Mark Conundrum”, “The iPhone v iFon conflict“ and…


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Copyright Others Patent

Guest Post: Economic sanctions and IPRs: Condition of anonymity or a smooth ride?

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We’re happy to bring to our readers a very interesting guest post by Punam Kadam, where, taking off from the example of the recent cybervandalism caused sanctions on North Korea, she examines what happens to IPRs when US places economic sanctions on a country. Punam 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 not that of her employers.” Economic sanctions…


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