Copyright

Merry Christmas from SpicyIP: Some Thoughts on the "Grinch"


Dear Readers, Here’s wishing you a merry Christmas and a fabulous New Year ahead. We’ll be bringing you some additional features in the New Year–so please stay tuned. And in the meantime, here’s a story that connects up IP and Christmas, and one that I picked up from Manon Ress’s posting on the wonderful A2k (Access to knowledge) listserve hosted by KEI. Of course, the writer misses some of the finer nuances in our exotic IP jurisprudence—for e.g., the domain…


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Copyright

PPL and X’mas Collections: Transparency and the Right to Information


Tis’ Christmas time– the time for the Santas of copyright law to come riding on “non transparent” sleighs and to knock on the doors of unsuspecting hotels and bar owners. Not with gifts, but with threats of law suits. Yes, dear readers: tis PPL (Phonographic Performance Limited) that I speak of. The very same entity, whose non transparent and high handed functioning resulted in an earlier guest post. And why do I mention them again today? Its not that I…


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Patent

So Now You Could Infringe a Patent by Thinking About It


“The Patent System as it stands today has to a considerable extent “just growed”, without much reference to fundamental principles, escaping the social planning of men into unexpected byways…” The profundity of this statement made by Edith Penrose way back in 1951 commenting on the economics of the international patent system is relevant even today, if only with greater vigour. This was not a hoarse-throated cry of some emotionally-charged self-proclaimed self-styled pseudo-intellectual seeking to do away with the system of…


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Copyright

The Delhi HC orders the Centre for Science and Environment to remove all HT Media content from its website


The copyright dispute between the business daily The Mint and the Centre for Science and Environment (CSE) has finally snowballed into a full-blown legal battle with the Mint’s parent company Hindustan Times Media Ltd. managing to convince the Delhi High Court to pass an ex-parte order, ordering the CSE to remove all infringing content from its website – http://www.indiaenvironmentportal.org.in . A couple of months ago the Mint’s editor, in a hard-hitting post on his blog, had pointed out that the…


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The IGF and Open Standards


The IGF (Internet Governance Forum) recently held its 3rd meeting from the 3rd-6th December at Hyderabad. The IGF is an outcome of the World Summit on the Information Society which took place in 2005 where Governments had asked the UN Sec-Gen to convene a new forum for policy dialogue to discuss issues related to key elements of Internet governance in order to foster the Internet’s sustainability, robustness, security, stability and development. Meant to serve as a platform for dialogue between…


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CII’s Manual on Anti-Counterfeiting Technologies


Almost a fortnight ago, in a welcome and long-due move, the Confederation of Indian Industry (CII) released a 52-page manual titled “Technological Solutions: A primer for Combating Counterfeiting & Piracy” which as the name explains deals with steps to counter counterfeiting. A reliable source informs SpicyIP that Prof.Avi Chaudhary, Kezzler’s India associate, played a key role in authoring the manual (Readers may recall Prashant’s crisp and concise post on the use of mass-serialization by Roche as a means of battling…


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Patent

Satyam-Upaid: the disparagement suit twist


Apologies for drifting away from the main focus of this blog, but having tracked this story thus far, I thought it behoves me to at least give you an accurate explanation of latest developments: the Upaid motion that was reported on in the last post is in response to a business disparagement suit filed by Satyam in October 2008. As a follow-up to the previous post, I thought readers would be interested to know how messy the Satyam-Upaid relationship has…


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Innovation

IP Think Tank Podcast Discussing Indian Bayh Dole


Duncan Bucknell of the IP thinktank put together this weeks’ IP podcast, involving himself, Jeremy Philips and me. We start out by discussing the notoroius and secretive progress of India’s Bayh Dole style legislation. I then take issue with Jeremy’s use of the words “pro IP” and “anti IP”, arguing that we’ve come a long way since this sort of rhetoric: we ought to now speak in terms of “pro innovation” and “pro creativity”. Jeremy rightly points out that no…


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Patent

The Satyam sellout, and the Upaid link


The Satyam-Maytas transaction had the markets swinging wildly for several hours, after Satyam Computers announced its controversial decision to first buy, and later, not buy, the real estate business owned by relatives of the Raju brothers. This very likely links with the Upaid case that has been tracked on the blog over the past year: the latest news is that Upaid has moved court seeking the testimony of top Satyam officials in re the Maytas non-deal. (Maytas is Satyam spelt…


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Copyright

Spicy IP Tidbit: The Taj copyright – a non-issue


By now, everyone has probably heard the story of the ‘other’ Taj – a Bangladeshi film-maker has decided to manufacture a life-size copy of the Taj Mahal, in a location just north of Dhaka. There were early reports of the Indian High Commission in Bangladesh saying it would investigate about whether any copyright laws had been breached. That was soon swept under the carpet- perhaps someone informed the diplomat in question that – ahem – there was a slight technical…


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