Author name: Swaraj Paul Barooah

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Spicy IP Tidbit: US Court rules that all non-US copyright owners must register their Copyright

/ By / Copyright

Some useful information for all non-US copyright holders who may need to file a suit in the US for copyright infringement: An article on Mondaq by James Trigg and Harris W. Henderson, points out an interesting decision [Elsevier B.V. v. UnitedHealth Group, Inc., No, 9 Civ. 2124 (S.D.N.Y. January, 14, 2010)] by the Southern District Court of New York which affects all non-US copyright holders.In brief, the article points out that the court essentially held that certain formality-requiring provisions of

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Hollywood, Bollywood tying up to fight piracy

/ By / Copyright

There are reports that Hollywood and Bollywood are launching a joint initiative against piracy in India. The MPAA on behalf of Hollywood, and seven Indian companies have decided to join together to fight counterfeiting of film copyrights. Indeed, with one of the largest movie industries in the world, there is certainly a large problem of copyright infringement, with nearly all released movies being made available illegally. While its applaudable that they are striving harder to recognize and protect copyrights, this

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iCopyright? iCopywrong? Whither fairness?

/ By / Copyright

While I was starting to write a post (to be put up soon) on the MPAA joining 7 Indian companies something very interesting caught my eye. I wanted to post a short excerpt from the Associated Press article that I first saw it from, but was stopped by something I found rather peculiar. Scrolling down, at the bottom of the article I saw a hyperlink provided by iCopyright, entitled “click here for copyright permissions”. I had intended on excerpting a

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Brazil set to Cross-Retaliate against US

/ By / Uncategorized

Brazil seems to be all set to be the first country to use the IP Cross Retaliation provisions of the WTO, after their approval last year by the WTO. Earlier today, Brazil revealed a preliminary list (subject to a public hearing) of restrictions and suspensions on various areas of IP of US goods and products. Cross-retaliation essentially refers to the right of a country to retaliate against an offending country through means of retaliating against a sector of an agreement

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SpicyIP Tidbits: India trendy on IP matters!

/ By / Uncategorized

Whiling away some time on the internet, I decided to check Google Trends – which ranks countries based on the frequency of the search term entered – for ‘patents’, ‘copyrights’, ‘ipr’, ‘intellectual property rights’, ‘intellectual property laws’, etc. To my surprise, I found that, with the exception of one or two search terms, India is far, far ahead of any other country for almost every IP-related search term!Even for terms where India was not on top, such as ‘trademarks’, ‘innovation’,

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Patents and Innovation

/ By / Innovation, Patent

Recently in our SpicyIP (web) office, Sumathi pointed out an interesting article in the Economist to us. The article was pretty dramatic, to the extent that it essentially called patents nonsense. Indeed, it posted its fair share of examples of frivolous patents in support of its argument. However, in the course of our discussion over the article, Kruttika and I took decidedly different positions on how valid such a view was. We decided to do two contrast posts on the

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Time to Act on ACTA

/ By / Copyright

The shroud of secrecy around the Anti-Counterfeiting Trade Agreement (ACTA) has arguably become a little more transparent during the past 2 years of negotiation, albeit due more to leaks more than positive acts towards transparency. (Readers may recall our previous posts on ACTA) Civil societies, nonprofits and blogs have also played an important part in this by constantly questioning the suspicious nature of its negotiations, not to mention the (leaked) provisions themselves. The agreement, which is supposed to be completed

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SpicyIP Tidbit: WHO is Looking after Flu Scares?

/ By / Patent

An Inter-Governmental meeting this week of the Executive Board Members of the WHO, saw concerns on several different issues being discussed. Regarding a way towards an influenza framework, it was agreed that they would try to complete a framework for dealing with influenza in time for the World Health Assembly in May later this year. One of the main issues discussed was that of development and distribution of vaccines. The usual developed – developing line roughly divided the groups, with

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Access to Food now an IP issue?

/ By / Others

Aggressive patent protection is now apparently leading two US based Non profit organizations to challenge patents of nut based product “Plumpy’nut”, owned by Malaunay, France-based company, Nutriset. The two US nonprofits want to produce a high-protein, nut based food product which is extremely beneficial for the malnourished/undernourished. The product provides 500 calorie dosages of vitamins and minerals, and several health experts have agreed that this type of product is greatly beneficial in treating severely malnourished children. (image taken from here)

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Fair comments on "Fake Drugs" ?

/ By / Uncategorized

Recently, two analysts from International Policy Network, London wrote a piece entitled “Fake scare about Fake drugs” alleging that claims of ‘over-protection of intellectual property rights’ and at the same time, ‘not protecting patients interests’, which are being used by developmental NGOs (in their words, “Oxfam and other activist NGOs”), are false as well as dangerous. I would like to take this chance to react to their article, published by IP-Watch, as it contains a number of disputable, if not

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