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Swaraj Paul Barooah

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SpicyIP – Call for bloggers!

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2015 marks the completion of ten years since we started out our journey to promote awareness about intellectual property issues in India. These years have been exciting, enriching and have given us the opportunity to learn from all our readers as well as add our bit towards discussing the issues that were of concern to us. To continue this process of collaborative learning, Spicy IP is extremely pleased to announce that we are keen to infuse our team with new blood….


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Patent

Guest Post: Symed’s Linezolid patent case – A response

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A couple of weeks ago, Rupali carried a piece on the blog titled “‘Glenmark process’ does not violate Symed’s linezolid patent: DHC“. Shortly after, we received an email from Symed stating that the post did not accurately convey the situation at hand. Both the author and I looked over the post and did not see anything amiss, and went on to make some minor clarificatory edits. At this point, I should admit that though I should have, I did not follow up with…


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Others

Breaking News: IPAB SLP Dismissed!

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[Posted on behalf of Prof. Shamnad Basheer, as taken from his email sent out to the SpicyIP subscriber list earlier today]:  In a significant development for Indian IP law, the Supreme Court (a bench consisting of Justices Gogoi and Ramanna) dismissed the government’s appeal in our IPAB PIL matter. With this dismissal, the earlier Madras High Court ruling striking down key provisions of the IPAB as unconstitutional has attained finality. By way of background, I had filed a PIL (public interest…


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Traditional Knowledge

Guest Post: Safeguarding the Sacredness of Traditional Knowledge – an Argument for a Sui Generis Framework for its Protection

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With the current debates and discussions going on around Traditional Knowledge (for e.g., see Praveen Raj’s guest post here, or IPKat’s recent post here) we’re happy to bring our readers a sharp guest post by Rahul Bajaj looking into the intricacies of how a sui generis framework for TK could/should work. Rahul Bajaj is a 4th year law student from Nagpur and is passionate about constitutional law, intellectual property law, cyber law and disability law. He is particularly interested in studying the…


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Others

Guest Post: gTLD fun .sucks me not

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We’re happy to bring our readers a very interesting guest post by Santosh Vikram Singh on what could turn out to be a huge cyber-squatting issue – it turns out that there is a recently launched gTLD (such as “.com”, or “.org”, etc) which may be uniquely situated to bring together criticism/trolling over any topic, company or person! A fascinating issue which may be especially relevant to big brands and celebrities of all varieties, do read on for more. Santosh is a…


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Patent

US, Switzerland take out WTO gun for India’s Sec 3(d); point at foot

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In yet another “Indian Pharma Patent Policy” centric international development, an article from LiveMint (view here), reports that India’s Section 3(d) may be facing pressure from a relatively unexplored angle. According to the article, US and Switzerland may be coming up with a creative approach to bring India to the WTO dispute settlement system. Up till now, despite all the pressure by US, India’s pharmaceutical patent provisions had not been challenged at the WTO arena, presumably because any such challenge would be a…


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Innovation Others Patent

Innovation, Progress, Ambition and Censorship

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I recently came across two very interesting articles, the ideas of which our policy makers would do well to keep in mind. The first, a broadly focused piece, titled “Between Innovation and Progress“ is a response by Prof Siva Vaidhyanathan (Univ of Virginia) to the interestingly poised question “Has “innovation” supplanted the idea of progress?“. The second piece, more specific to India, is the opening editorial in the “Science in India” special issue of the highly respected “Nature” science journal, titled…


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Drug Regulation Patent

I-MAK takes on Sovaldi patents around the world

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The Initiative for Medicines, Access & Knowledge (I-MAK), along with various other local organizations, has launched challenges on Gilead’s patent applications for it’s Hepatitis C drug, Sovaldi (sofosbuvir) in 5 countries – Argentina, Brazil, China, Russia and Ukraine. These 5 countries together account for about 30%-40% of the Hepatitis C patients in the world (about 40 – 60 million out of an estimated 150 million to 185 million patients across the world). However, for reasons best known to Gilead, these 5 countries…


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Copyright

“King Copyright” has no place in a Democracy

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A few weeks ago, the Centre for Internet and Society and the Observer Research Foundation organized a conference focusing on “Freedom of Expression in a Digital Age” in association with the Internet Policy Observatory of the Center for Global Communication Studies at the University of Pennsylvania. For their panel on “Balancing Freedom of Expression and other digital rights”, I was invited to discuss Copyrights in this context. While I wasn’t able to make it to the Conference, I did send in a…


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Innovation Others Overlaps in IP Patent

National IPR Policy – Who Makes it in India?!

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[Long post ahead. But it mostly consists of a timeline of events regarding formation of / comments on Indian IP policy over the last 9 months – a timeline that paints a very worrying picture!]. [Editor’s note: Minor additions have been made to the timeline based on comments received – 6/5/2015] Last week, in an email Shamnad sent to our subscribers, as well as in my post “Modi shames India, calls patent laws under-developed“, we noted how Modi’s referral to…


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