SpicyIP Fellowship opened out to everyone interested

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In light of some more applications we’ve received from ‘non students’ for our SpicyIP Fellowship, we’ve decided to open it out to not just ‘students and recent graduates’ as first stated, but to all persons interested. The original post has been edited accordingly. Once again, for those interested in applying. – How to apply?  Fellows will be chosen based on quality of guest posts submitted to us over a 6 week period from 14th December, 2012 to 25th January, 2013.  […]

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‘Not just a Trophy Treaty’

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Pictured: Surprisingly unempathetic lady of justice (thus far) Recently in one of our guest posts, Snigdha Roy made a note of the lack of international consensus towards a treaty that has, for too long, been in the offing. I can’t fathom why discussion and debate over the necessity of an international treaty that would essentially give print disabled persons access to the same materials that others have always enjoyed, is something that would take four long years. But such is

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SpicyIP Tidbit: It is time to test the claim of patient assistance programs by Big Pharma

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One of the constant refrains from Big Pharma companies involved in patent litigation against generic companies in India is that they are targeting only the prosperous middle class which can afford their drugs and not the poor of the country, to whom they supply their drugs free under their patient assistance programs.  It is time somebody tested these claims by Big Pharma companies in India. Any Big Pharma company making such a claim in open court should be made to

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American Court rules against confidentiality for Cadila’s ‘in-house’ Indian counsel

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Image from here In an opinion rendered on the 19th of October, 2012 the United States District Court for the District of Delware ruled against Cadila Healthcare Ltd’s plea that its communications involving its Indian ‘in-house’ counsel were privileged and confidential under Indian law. While the opinion does not lay out the background context, I presume that the request was made by the plaintiffs in the litigation during the course of discovery.  The U.S. Court had appointed Justice Sri Krishna,

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Divisional application practice before the Indian patent office

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In a recent decision issued by the IPAB, the division bench comprising of Justice Prabha Sridevan with technical member, DPS Parmar – has reiterated the divisional practice that is supposed to be followed before the Indian patent office.  See decision: The basis of a divisional application is the existence of a plurality of invention. This is a sine qua non for seeking a division of an application.   The decision puts a formal stop to the practice of filing multiple

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Guest Post: A Step Forward and a Step Back for the Print Disabled

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We are happy to bring our readers our first guest post entry from our SpicyIP Fellowship applicants.Snigdha Roy, a 3rd year student from Gujarat National Law University, discusses some of the problems that modern copyright law has presented to the print disabled. She notes the mixed success of efforts with welcome new Amendments in India’s Copyright law on one hand and the failure of the International Treaty of the Blind to make any headway on the other hand. A STEP

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November 2012: Controller’s decisions at the IPO

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In the month of November, 2012 the Controller’s offices issued 102 decisions.  Out of these 102, 56 decisions were granted (including deferred, time allowed), 46 refused (including abandoned and withdrawn) and no file uploaded for the remainder (4). Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 4387/CHENP/2006, makes for an extremely interesting read!  6067/DELNP/2005 is also very interesting from a section 3(k) perspective.   APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 3276/CHENP/2006 DOW GLOBAL

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Weekly Wrap (December Week 1)

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The week began with Swaraj’s post on the lack of transparency surrounding the World Conference on International Telecommunications (WCIT) being held from Dec 3rd to 14th, 2012. An agency of the UN known as “International Telecommunication Union” (ITU) is hosting the WCIT to go over and revise the decades old International Telecommunication Regulations (ITRs) which govern standards and regulations for information and communication technologies. The preparatory documents to the meeting have been very secretive, with only member governments and a

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SpicyIP Announcements: NLSIR Public Symposium on ‘Delimiting Media Freedoms’

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SpicyIP is pleased to announce the NLSIR Public Law Symposium on “Delimiting Media Freedoms: Discovering the ‘Delicate Balance’ Between Article 19 and Article 21” to be held on December 22, 2012. Last year, the editorial board of NLSIR spearheaded the first edition of the Public Law Symposium on the “Adjudication of Socio-Economic Rights by the Supreme Court of India” in an effort to initiate a systematic study of public law jurisprudence in India. The theme of the symposium this year

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First SpicyIP Fellowship

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SpicyIP is pleased to announce the first SpicyIP Fellowship for researching and writing on developments in the Indian intellectual property rights and innovation policy scenario. The 2013-2014 fellowship is open to all interested students and carries a stipend of Rs. 15,000.[Edit: Please note, the fellowship is now opened to all interested parties and not just ‘students and recent graduates’]  What are we looking for? As our mission statement reads, our writers are bound by an interest in fostering a more transparent,

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