Swaraj Paul Barooah

Swaraj Paul Barooah

Follow @swarajpb Swaraj has a deep interest in IP, Innovation and Information policy, especially when they involve issues relating to Access to Knowledge, Innovation incentive mechanisms, Digital Freedoms, Open Access, Education, Health and Development. After his BA, LLB (hons) from Nalsar Univ of Law, Hyderabad, he went on to do his LLM from UC Berkeley in 2010. He is now pursuing his J.S.D. degree from UC Berkeley where he is focusing on Drug Innovation Policy and Access to Medicines. Aside from SpicyIP, he is also engaged as a consultant on various IP matters, and is a visiting faculty member at Nalsar Univ of Law. He is also in the process of starting up a New Delhi based "IP, Innovation & Information Policy" focused think-tank.

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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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Others Patent

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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Others

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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Others

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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Copyright Others

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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Others Patent

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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Others

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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Others

India-US IP working groups insufficient for USTR – Continuing with unilateral OCR as well


According to the US Federal Register, it appears the US Trade Representative will proceed with an Out of Cycle Review (OCR) for India to unilaterally ‘grade’ India’s IPR regime as they had announced earlier this year. This throws up two quick points that need mentioning/repeating: 1. The USTR Special 301 annual process is a degrading political pressure mechanism with no credibility.  The above link states: “… in order to assess progress on engagement with the Government of India on intellectual property rights…


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Trademark

Tango Trademark Trouble


We’re happy to bring our readers a note on a recent Bombay High court order, by Shashank Mangal and Kamlesh Mali, students from ILS Law College, Pune. I must state up front that though they had sent this to me almost immediately after the order had been passed, there was a long delay on my part in posting it. Without further ado: Interpretation of S.17 and S.30 (1) (a) of the Trade Mark Act, 1999 with reference to a recent…


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