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Swaraj Paul Barooah

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Announcing the 2015-16 SpicyIP Fellowship!


Following the great success of the previous two editions of our SpicyIP Annual Fellowship, we’d like to announce the 3rd edition of the SpicyIP Annual Fellowship – for the year 2015-16! We’re also very happy to announce that after nearly a year of great work on the blog, all three of our present SpicyIP Fellows – Devika Agarwal, Spadika Jayaraj and Thomas Vallianeth – have been invited to stay on with the team after their fellowship period expires in February, 2015!…


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The Draft IP Policy that’s MIA, & more on the Think Tank


This post will (1) release the draft National IPR Policy that had been submitted by the (earlier formed) three-member committee; (2) discuss how it has been arbitrarily side-lined by the DIPP; and (3) take a look at some of the questions being directed towards the newly constituted IPR Think Tank. New readers may also want to check my background post here – National IPR Think Tank – Whats Going On?   I. The Draft IP Policy that was assigned and then ignored  As I…


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National IPR Think tank – What’s going on?


[Editor’s note: There is now a follow up post available here] The new IPR think tank has opened up questions galore! What exactly is going on here? In this post, I’m putting forth three questions I’d like to see answers to: 1. Sagnik Dutta at Frontline has come out with an in-depth article on some rather questionable decisions by the Government with respect to the new National IPR think-tank that was constituted recently. (See our post on it here). The Department…


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US IP Lobby’s scheduled meet with Indian judiciary raises Conflict of Interest concerns


In a rather worrying development, it appears that US-based “Intellectual Property Owners Association” (IPO), possibly in partnership with the Confederation of Indian Industries (CII), has arranged a series of exclusive meetings with members of the Indian Judiciary, the Intellectual Property Appellate Board, Custom officials and Intellectual Property Offices in Delhi and Chennai. Despite its innocuous sounding title, the IPO’s Innovation Dialog Trip to India (Nov 16 – 21) is a big cause for concern. As this ToI article points out, “The delegation…


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SpicyIP Tidbit: Prof N.S.Gopalakrishnan reinstated as MHRD Chair


With more good news on the IP front – the renowned Prof. N.S. Gopalakrishnan has been reinstated as the Union Ministry for Human Resource Development (MHRD) Chair for IP at the Cochin University of Science and Technology (CUSAT). Readers may remember that nearly a year ago, Prof Gopalakrishan was arbitrarily dismissed from the MHRD IP Chair; shortly thereafter Prof Yogesh Pai was also removed from the MHRD IP Chair from NLU-Jodhpur. We had also put together a petition protesting against…


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Infosys Prize 2014 – Congratulations Prof Basheer!


We are absolutely delighted to hear that Prof Shamnad Basheer has recently been selected as one of six winners for the Infosys Prize, 2014, for his work in IP as well as in legal education. The Infosys Prize, administered by the Infosys Science Foundation and now in its 6th year, honours ‘high-caliber researchers [under the age of 50] for impactful contributions to their fields’ – and ‘impact’ is certainly something that that Shamnad has had – be it in bridging theory…


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Petition for Freeing “Standards” for Public Use


Brief Summary: Public.Resource.Org, a non-profit that works on spreading knowledge on the Internet for the benefit of the general public, along with a few other concerned folks have petitioned the Government to make the currently pay-walled “Indian Standards” available and accessible to the general public for free. As the petition points out, since these Standards govern the safety and reliability of several thousands of day to day products & processes, there are several unnecessary negative cascading effects that the current financial…


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Guest Post: Online System does not support high value patent filing transactions


Recently we wrote about the number of welcome measures taken by the Patent office with regard to transparency and efficiency, including the online payment gateway. While we certainly applaud these measures, it appears there are a couple of creases yet to be ironed out. We bring you a guest post from Jitin Talwar on an issue that’s cropped up with the online filing system when transactions over Rs 5 lakhs are involved. As he points out, given that now prices…


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Guest Post: Where Do We Stand on ‘Secondary Electronic Evidence’?


We’re happy to present to our readers a useful guest post by Aradhya Sethia, a student at NLSIU, Bangalore. In this post, Aradhya looks at a recent Supreme Court case’s take on Secondary Electronic Evidence and some of its implications. The Case of Anvar P.V. v. P.V. Basheer and Others: Where Do We Stand on ‘Secondary Electronic Evidence’? The role of Secondary Electronic Evidence and the Structure of Section 65B of the Evidence Act Albeit in varying degrees, we all…


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India shoots unilateral USTR action down; Looks towards bilateral talks


In a very welcome and quick response to USTR’s Special 301 Out of Cycle Review (OCR) process for India that opened for comments a couple of days ago (October 14th), the Government of India has told the American authorities that they will not be cooperating with this unilateral process, writes Nayanima Basu in the Business Standard. Pointing to the lack of any obligation to participate in the unilaterally held Special 301 process, Indian authorities have said that they would engage US…


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