Privacy

YouTube: The Bi-Polar Behemoth


We are happy to bring to you a guest post on a recent order by the Madras High Court directing Google and You Tube to disclose the identity and IP address of the user who uploaded an allegedly defamatory video about Lebara Foundation. The author of this post wishes to remain anonymous.   YouTube: The Bi-Polar Behemoth Anonymous Recently on Spicy IP, Rahul wrote an excellent post describing YouTube’s most recent over-zealous efforts to police content on their website. In short, YouTube’s…


Read More »
Patent

Industry Funding and Bias (II): Towards Transparency and a Plurality of Perspectives


In an earlier post, I noted that industry funding will, more often than not, carry the presumption of bias towards results that ultimately favour industry bottom-lines or priorities. Let me offer another example on industry funding and how it tends to slowly dry up when the dividends don’t yield. During my stint at the National University of Juridical Sciences, Kolkata (NUJS), I was approached by a prominent policy advocate (working in-house with a leading global IP giant), keen on finding…


Read More »
Data Exclusivity Drug Regulation Patent

IPA Alleges that New Rule Change will Bring in a Data Exclusivity Regime – Here’s Why I Think it Does no Such Thing


In a report published yesterday in the Bombay edition of the Times of India it has been alleged that the government is proposing a rule change to the Drugs & Cosmetics Rules, 1945 to introduce:  “a form of ‘data exclusivity’, a provision which will potentially give protection to Big Pharma, thereby delaying generic competition and hence impacting access and affordability of drugs.” The source of this information as per the news report is D.G. Shah, the spokesperson of the Indian Pharmaceutical…


Read More »
Copyright

Extinguishing the Rights of Lyricists and Composers: IPRS v Aditya Pandey


The rights of lyricists and composers with respect to sound recordings have been a contentious issue in copyright law in India for some time now. Under the scheme of the Copyright Act, there is a distinction between the rights in a sound recording and those in a musical work (that of composer) or literary work (that of lyricists). In 2012, the Division Bench of the Delhi High Court held that only the owners of the sound recording were to be…


Read More »
Copyright

Dispelling the Myth that the DU Photocopy Judgment Permits Photocopying of Entire Books


Justice Endlaw’s judgment in the DU photocopy case, while hailed as historic by many for having endorsed the right to educational access in India, has been criticized by some as one that would lead to the decline of academic publishing in India. One of the criticisms, raised also as a ground of appeal by the publishers, has been that the judgment does not place any numerical restriction on the unauthorized photocopying of books by educational institutions permitted under Section 52(1)(i)…


Read More »
Patent

TRIPping Again: India’s D’oh(a) Moment at the 2011 TRIPS Council


In my previous post, I examined the eBay v. MercExchange injunction regime against the TRIPS standards for a compulsory licence. I continue that exercise here, analysing a statement made by the Indian delegation at the 2011 annual review of the Paragraph 6 system in the TRIPS Council. The Paragraph 6 system refers to the General Council’s 2003 resolution on paragraph 6 of the Doha Declaration (not to be confused with the Doha Dream), which essentially consisted of a waiver of…


Read More »
Patent

TRIPping on Post-eBay Injunction Jurisprudence in the US


Introduction The right to exclude has historically been among the most fundamental attributes of a patent monopoly around the world. It is for this reason that injunctive relief plays a much greater role in patent law than it does elsewhere, relative to monetary compensation. Does a finding of patent infringement automatically entail an injunction against the infringer? At first glance, this question appears absurdly easy – if the essence of the patent monopoly is the right to exclude, then wouldn’t…


Read More »
Events

SpicyIP Events: GIAN Course on IPRs and International Economics Development


  We are happy to announce that a GIAN course on Intellectual Property Rights and International Economics Development will be conducted from December 12-16, 2016 at IIT, Indore. The last date to register for the course is November 7, 2016.   About the Course This is a survey course on the international aspects of intellectual property protection.  As Carsten Fink, the Chief Economist of the World Intellectual Property Organization (WIPO), a United Nations agency, put it: “It is hard to find…


Read More »
Drug Regulation Patent

Dozing DoP Wakes Up: Consults Ministries on Price Regulation of Patented Drugs


Vasundhara had recently alerted us about the Parliamentary Committee on Government Assurances pulling up the Department of Pharmaceuticals (‘DoP’) for their inaction on the control of patented drug prices. As reported by Live Mint, the chastising seems to have worked for the time being as DoP has now sought the views of different ministries on price regulation of patented drugs. Apparently, the Department of Industrial Promotion and Policy (‘DIPP’) is simultaneously examining if there needs to be a change in…


Read More »
Copyright

In a Blow to User Rights, YouTube Takes Down Entertainment Channel


In a troubling development, YouTube has taken down SRbrosEntertainment, a channel with over 1,00,000 subscribers, on a mere allegation of copyright infringement. The channel, launched in 2012 by two YouTubers named Shukran and Roshan, has amassed considerable popularity in the last four years and boasts of a fan base of over 90,000 subscribers. This development would not be so worrying if it were an aberration. Indeed, as this article notes, channels such as Eli the Computer Guy, Alternate History Hub…


Read More »