Guest Post: Bare Licensing in India

/ By / Trademark

Anubha Sinha, a 4th year student from Dr RML National Law University brings us an interesting post on the concept of Bare licensing – a topic that I believe our blog hasn’t touched upon before. She takes us through the concept in foreign jurisdictions as well as in India and concludes that bare licensing in India will lead to an abandonment of the trademark. This is her first submission in the SpicyIP Fellowship applicant series.  Quality Control in Indian trademark […]

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Guest post: LAVA aims for 100 Mobile App Patents

/ By / Patent

Snigdha Roy, a 3rd year student from GNLU, brings us her second submission in our SpicyIP Fellowship applicant series. In this post, Snigdha looks beyond the press statement made by a certain Indian mobiles devices company to examine a possible trend that may be starting in this sector.  LAVA aims for 100 Mobile App Patents One of the earlier cases regarding cell technology involved Star Trek! Necessity is the mother of all innovations and innovation is the key to success. To survive the

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SpicyIP Events: Patracode announces Workshop on Tools for Researching and Managing Intellectual Property

/ By / Others

SpicyIP is pleased to announce Patracode’s workshop on tools for researching and managing Intellectual Property. Interested participants should note that while there is no registration fee, seats are limited, so all interested parties are requested to confirm by January 21st, 2013. More details as stated below:       “Patracode, founded in 2010, is a unit of quick learners who are actively involved in catering the needs of seekers in the field Intellectual Property. They have earned good experience of

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Samsung at the Supreme Court: Nationalising Exhaustion?

/ By / Copyright, Patent, Trademark

As expected, Samsung appealed the Delhi High Court order endorsing the concept of “international exhaustion” (parallel imports) under the Indian Trademarks Act. For those not in the know, we’ve outlined the concept of exhaustion and contrasted “international” with “national” exhaustion in this article here. For ease of convenience, let me illustrate this with an example. Assume that Apple Inc owns the trademark “iPhone” in the US, EU, India and several other jurisdictions including Bangladesh. An India retailer figures out that

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Analysing Science, Technology and Innovation Policy, 2013

/ By / Uncategorized

[*Long post] I had earlier introduced Science, Technology and Innovation Policy, 2013 (“Policy”).  I shall analyse the Policy in this post. An encouraging but incomplete policy document The Policy is quite an encouraging policy document. It marks a significant shift in the approach of the government vis-à-vis its earlier policies – Scientific Policy Resolution of 1958, Technology Policy Statement of 1983 and Science and Technology Policy of 2003. As I had stated earlier, the Policy comes in the light of

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Guest Post: Copyright in Social media – AFP v. Daniel Morel

/ By / Copyright

With social media interactions on the rise, it seems to be just a matter of time before questions of copyright infringement and issues over terms of service relating to social media start pouring into the courts. L. Gopika Murthy takes one such situation that’s arisen in an American case and examines how it may have been handled in India. This is her third submission in the SpicyIP Fellowship applicant series. This post discusses the issues regarding copyright of content posted on

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Open Access: What is it about?

/ By / Uncategorized

Aaron Swartz’s recent suicide has sparked discussion all over the internet, with much of it to do with his  strong belief in the moral imperative of sharing scholarship and making it accessible to all. There’s a certain strong raw attraction towards this idea, however, it’s practicality is far from a simple matter. It’s a rather complicated and nuanced question that needs more serious discussion along with the impassioned cries. I found myself in one of these discussions, (sparked by Shashank

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The political economy of the current round of compulsory licensing in India

/ By / Uncategorized

Yusuf Hamied (Image from here) The present round of compulsory licencing which has been kick-started by the DIPP, is widely seen as the fruits of a sustained lobbying effort by the generic pharmaceutical lobby. While the media is yet to identify, the ‘masterminds’ behind the lobbying, the final result of the lobbying effort is keeping in line with the demands of Yusuf Hamied, the head of Cipla. (For our previous posts on these issues please click hereand here) Ever since,

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Guest Post: Examining the Recently Announced Compulsory Licenses on anticancer drugs

/ By / Patent

In light of the recent decision to issue compulsory licenses for three anti-cancer drugs, Madhulika Vishwanathan brings us her third submission for our SpicyIP Fellowship application. After looking into the possible legal provisions that could have been used in pursuing this decision, she examines how generics may follow up on this decision by noting the differences in approach that they will have to take regarding small molecule drugs and biologics. (Note: Much of the first half includes quoted provisions, so

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The S(war)tz Legacy and "Open" Lessons for India

/ By / Copyright

Aaron Swartz is no longer with us; a towering intellect he was, representing the best of conviction and passion in a world where, as the poet Yeats sadly noted:    “The best lack all conviction,   while the worst are full of passionate intensity.”    As this blog debates the “proportionality” of the US response to this access to knowledge crusader and the causal linkage between the prosecution and his death, I wanted to reflect for a moment on his

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