Swaraj Paul Barooah


Drug Regulation Patent

USTR Special 301 Review (2020) Submissions – Continued

Special 301

As readers may know, the Special 301 Review is an effort by the US Trade Representative (USTR) to identify countries whose IP regimes are not conducive to US persons’ IP interests, with the stated goal of increasing bilateral attention on ‘problem areas’. This has most frequently been done through the threat of unilateral sanctions (see our posts on earlier editions of the Special 301 review here). This year’s report has come out as well – with India once again being…

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COVID-19 Data Exclusivity Innovation Others

Corona and IP – Looking for the Right(s) Answers

Corona covid 19

The Covid 19 pandemic has now changed the way most of us are going about our day to day lives. In India, we are now on day 2 of our 21 day nation wide lock-down. In the midst of all that is going on now, Intellectual Property enthusiasts with a keen eye, would have noticed several IP related issues that have been cropping up, even if relatively under-discussed. For this current post, I thought I would do a round-up of…

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COVID-19 Others

[Updated] COVID-19 Related Adjournments at Indian Patent Office, IPAB

Japanese light signs for proceed, caution, stop

[Further related adjournments have been updated on this page. If readers know of other adjournments that are not listed here, we request you to mention them in the comments below. The edits that have been included since the first posting of this include: Final Edit: 26/03/20:  Cancellation of hearings in Patent Office amid COVID19: See here All IP Offices to remain closed for 21 days:See here Last date to Register for Patent Agent Exam-2020 Extended to 15.04.2020 : See here…

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COVID-19 Data Exclusivity Patent

Patent Politics in the Time of Corona

3D medical depiction of coronavirus

The new coronavirus threat/scare seems to be increasing with every passing day. At the time of writing this, it is reported that there are 138,941 cases (of which 80,815 are in China), of which 70,727 have recovered, 57,317 in mild condition, 5,786 are serious, and 5,111 have died. India has 81 cases of which 4 have recovered and 1 person has died. The new Coronavirus, or COVID 19 as it is technically known is, is now the 7th known coronavirus (other…

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What MoU? What Review of IP Acts?

graffiti saying "Secret Party, shhh"

Yesterday evening, Reuters sent out a short report titled “India clears accord on intellectual property rights with U.S.” It contained the following three lines: NEW DELHI (Reuters) – India’s cabinet on Wednesday approved a plan to sign an initial pact on intellectual property rights with the United States, a government minister said, days ahead of a visit by U.S. President Donald Trump. The United States has long urged India to strengthen protection for intellectual property and that has been a…

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Innovation Others Patent

The GIPC IP Index 2020: The Misleading Saga Continues

US flag vs India flag

(This post has been co-authored with Bhavik Shukla) Recently, the Global Innovation Policy Center (“GIPC”) released the 2020 edition of its international IP Index. Titled “Art of the Possible”, the report lays emphasis on a strong IP ecosystem to make the art of transformation of economies to 21st century knowledge-based economies possible. It has unfortunately continued with the same flawed indicators from the previous years. In the past, one of the authors of this post and Kartik have elaborately discussed…

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The Ping-Ponging Paradigm of Patenting Computer Programmes in India (“Software Patenting” 1999-2020)

Players playing table-tennis

Patents for Computer Related Inventions (CRIs) or “Software Patents” have, unfortunately, been an evergreen issue in India, with much confusion, lobbying, changes, misunderstandings, and anything else one could imagine, playing its role at some point or the other. As Shamnad had once written – its indeed confusingly confounding! Readers may recall a recent post which discussed the Ferid Allani order. As Sandeep Rathod helpfully pointed out in the comments on that post – that patent application has once again been…

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Looking at the Ferid Allani Order on Software Patents

"Technically Moses is the first man to download files from the cloud using a tablet"

Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape? Yet, Ferid Allani, in his quest to get a patent on a “method and device for accessing information sources and services on the web” has inadvertently done just that. Back in 2008, in the course of an appeal against the IPO’s deeming of the patent to have been abandoned, Justice Gita Mittal of the Delhi High Court, passed an…

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Innovation Patent

The India Innovation Index 2019 – Great Start, But Why Hide Section 3(d) and CLs in It?

The 7 pillars that it refers to are: Innovation input aka 'enabler' pillars: (1) Human Capital, (2) Investment, (3) Knowledge Employment, (4) Business Environment, and (5) Safety and Legal Environment; and Innovation output aka 'performance' pillars: (1) Knowledge Output and (2) Knowledge Diffusion. While the report 

On October 24th, the Niti Aayog released the first edition of the India Innovation Index (III). The Institute for Competitiveness was the knowledge partner for this endeavour. After years of various other global and pseudo global innovation (and IP) indices, it is a welcome development to see a national index that examines innovation within the country. It’s a 250+ page document with a substantial amount of data and analysis, as well as a large number of (very useful) graphical representations,…

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Innovation Patent

(Nobel) Prizes and Patents: Kremer and AMCs

News clipping with text quoting Abhijit Banerjee, "Yes. It was very early in the morning. I’m not an early morning person. I figured it would be an assault to the system if I don’t continue my sleep"

As readers know by now, the Nobel Prize in Economics (officially known as “The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel”) went to Esther Duflo, Abhijit Banerjee and Michael Kremer for their work in development economics. All three have done remarkable work and several sites have discussed this in varying degrees of detail as a web search will show (for eg: do check the Marginal Revolution blog which has listed out the various papers done by…

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