Copyright

Code 2.0 Chapter Review. #Technology, IP and Regulation


Today, I will be discussing the chapter pertaining to IP from Lawrence Lessig’s Code 2.0. Easily one of the most interesting books on law that I have read, Code 2.0, essentially, discusses regulation in the backdrop of advancing technologies. While the book also deals with regulation of free speech and privacy concerns, I will restrict myself to IP. Please note that this discussion is not only relevant to “hipsters” interested in so-called “TechLaw”, but also to those concerned about the…


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Others Patent

Lessons from TRIPS as India negotiates the Regional Comprehensive Economic Partnership


Last week, 16 Asia-Pacific countries concluded yet another round of negotiations on the Regional Comprehensive Economic Partnership (RCEP). Billed as one of the biggest regional free trade agreements, RCEP is expected to bring together the ten countries that form ASEAN along with Australia, China, India, Japan, South Korea and New Zealand. These countries account for nearly 50% of the global population and 30% of global GDP. As expected, there were several protests in Hyderabad by NGOs and civil society although…


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Patent

I didn’t sleep all night: Of Patent Policy and Spirited Souls


“I didn’t sleep all night!” I looked at him in wonderment. “Why”, I asked? “The attorney was really good. And almost had me convinced that the invention was patentable. I had to find a way to reject it!” “Why”, I asked? “You see, we were wedded to the Ayyangar report”, he responded. “And that was our Bible. Ayyangar asked us to grant fewer patents….since we were a developing country and needed to imitate before we invented. The fewer patents, the…


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Patent

Can Patent Attorneys Ever be Named as Co-Inventors of the Claims they Draft?


Last week, we received a very thought provoking comment from a lawyer working at a renowned patent law firm in France (who wishes to remain anonymous). In the comment he throws light on the prevalent practice of patent attorneys often having to draft patent applications based on only a single slide or drawing provided by their clients and yet not being cited as co-inventors in those applications. He argues that that this practice is not only unfair but also against…


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Copyright Innovation

Driving Them Up The (Pay)Wall – Sci-Hub and the Disruption of the Academic Publishing Industry


Elsevier, one of the world’s largest publishing houses, has quite a hallowed history. Founded in 1880, it has today transformed itself from a small Dutch publisher of classical scholarship into a multi-billion dollar enterprise, controlling access to over 2,000 scientific and research journals and with some of the highest profits among any industry. Sci-Hub, a free, online, tool, has an admittedly humbler past. Started in 2011 by Kazakh student Alexandra Elbakyan, the project has no significant financial backing, its management is virtually…


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Others

A Tribute to Mr. Shanti Kumar


As many of our readers may already know, Mr. Shanti Kumar, a leading patent and design expert and former Joint Controller of Patents and Designs, passed away early last week. We would like to bring to our readers a moving tribute to him written by Ms. Jaya Bhatnagar, Founder & Chairperson, SiebenIP. Jaya is one of the leading design lawyers in the country. She worked extensively with  Mr. Shanti Kumar at Anand & Anand. A Tribute to Mr. Shanti Kumar Jaya Bhatnagar…


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Others

Google Me A Research Scandal


In a controversy that has doubtless become the subject of conversation in most academic circles lately, Google has been accused of paying academics for research supporting its policy interests. Readers should note that while this controversy has been picked up and reproduced on several news reports, the primary allegations were mounted by an organization called the Campaign for Accountability (CFA) which issued the report earlier this month. The Wall Street Journal (WSJ) then picked up on this and echoed most of…


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Events

SpicyIP Events: CUSAT’s 5th Annual ‘Rethinking Intellectual Property Rights’ Workshop 2018 on ‘IPR, Access to Seeds and Farmers’ Rights’


  We are pleased to announce that Inter University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) is organising the fifth annual ‘Rethinking Intellectual Property Rights’ workshop on the theme ‘IPR, Access to Seeds and Farmers’ Rights’, for law students and students of other disciplines interested in this area (under graduates, post graduates and research scholars). The programme is scheduled to be held from January 18-20, 2018. For further details, please read the post below: RIPR 2018: IPR,…


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Trademark

The Nation Can Want To Know, For Now!


In an update to the Bennet Coleman (Times now)- Arnab Goswami Legal battle raging on at Delhi High Court, Arnab can continue using the phrase ‘the nations wants to know’ till the Court passes the final judgment in the case, according to its recent order. ‘The Nation Wants To Know’ Controversy As previously covered by Prof. Shamnad here and analyzed here, Bennet Coleman had filed a suit seeking a permanent injunction against Arnab Goswami, citing trademark infringement and passing off….


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Patent

Patent Office Now Issues Bilingual First Examination Reports of Applications and Automates Processes for Issuing Patent Certificates


  The Indian Patent Office has made some interesting procedural changes recently. In a first, it appears that the Indian Patent Office is now issuing official communication bilingually in both English and Hindi. A public post by the Joint Controller of Patents and Designs at the IPO captures one such bilingual First Examination Report (which is the report issued to patent applicants in response to a request for examination). This move could be a result of the larger policy objective of promoting Hindi as…


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