Innovation

The Innovation Bill, 2008, and Trade Secrets: Part II


In an earlier post, I had looked at some of the provisions in the Innovation Bill, 2008 dealing with the protection of trade secrets. This post continues that discussion, and I now focus on a few areas in the Bill which are likely to be controversial. ‘Public interest’ and ‘Reasonable royalties’? Section 11 of the Bill, “Exceptions to Misappropriation of Confidential Information”, is a rather fascinating provision. Particularly interesting is Section 11 (c) which says “Confidential information shall not have…


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SpicyIP Review: “Perceptions of IP” by Roya Ghafele


SpicyIP wishes its readers a Safe, Happy and Prosperous Diwali! IntroductionThe joy, of seeing someone express a particular opinion in the right forum on an issue which one strongly feels about, in a manner better than one could have done, and in exactly the way one would have liked it, is something best experienced than expressed. This was precisely what I felt after reading Roya Ghafele’s “Perceptions of IP” (a report prepared under the aegis of the Intellectual Property Institute…


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Innovation

The Innovation Bill, 2008, and Trade Secrets: Part I


A previous post on this blog looked at some of the important provisions in the National Innovation Bill, 2008. I now look at the impact which the Bill may have on the important area of protection of trade secrets. In particular, this post will deal with (a) the nature of the protection granted under the Bill, (b) the subject-matter entitled to protection, and (c) the duties cast on third parties who have received any confidential information. The Nature of Protection:…


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Uncategorized

Call for final contributions: Indian Journal of Intellectual Property Law


The Indian Journal of Intellectual property law, a NALSAR University of Law publication, is calling for final contributions for the second issue of its journal. With an impressive advisory panel (comprising of several eminent persons such as Hon’ble Justice CK Thakker, Prof. Anil Gupta, Mr. Anil Sinha from the WIPO, Shamnad Basheer, Prof. Johanna Gibson, Joseph Beck, Mr. Peter Ganea- to name a few), and with one sucessful issue already out, the Journal is now looking for articles by students,…


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The AWS Report on IP in India: The Good, the Bad and the Ugly


The overwhelming response to the previous post on the allegations of corruption in the IPO has led SpicyIP to also undertake a study into the AWS Report that the Mint had referred to in its investigation. Austria Wirtschaftsservice inquired on behalf of the Austrian Ministry of Commerce and Labour between 11.02.2008 and 29.02.2008 with several official IPR institutions and private IPR service providers in India about the current national IPR situation in regard to foreign entities. The supreme objective was…


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Ravi Kamal Bali v. Kala Tech: India’s First Doctrine of Equivalents Case?


We had a guest post on a case that allegedly brought in the doctrine of equivalents into Indian patent jurisprudence. Unfortunately, many of our readers pointed out to me that the post was not very clear in explicating either the facts or the legal issues arising therefrom. We therefore thought it fit to run this post clarifying key aspects of the case: Firstly, the decision by Justice S.J. Vazifdar was not in relation to the main suit, but only disposed…


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Indian Bayh Dole Bill: Secret "Public" Discussions by FICCI?


I recently came across news of a FICCI workshop on the Indian Bayh Dole bill that was held on 16th October. For our previous posts on this highly contentious and ‘secret” Bill, please see here. The FICCI invitation that appears to have gone out to only a select few stated thus: “FICCI is organizing a Seminar on the Public Funded R&D (Protection, Utilization and Regulation of Intellectual Property) Bill, 2007 on 16th October 2008, at 10.30 am, at Federation House,…


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Trademark

Guest Post: The Polymorphism of Trade Mark Dilution in India


SpicyIP is very privileged to have a guest post from a leading Indian IP academic, Dr Dev Gangjee. Dev teaches at the London School of Economics and has several accomplishments under his belt. He is a graduate of the National Law School of India (BA, LLB) and the University of Oxford (BCL, DPhil), where he was a Rhodes Scholar. He was an invited researcher at the Institute of IP, Tokyo and is an Associate of the Oxford IP Research Centre….


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Guest Post: A Critical Review of the NY Times Article on the Bayh Dole Act


We bring you a guest post from Abhishek Krishnan, a 5th year student at the National Law School, Bangalore. Abhishek is on the editorial board of the Indian Journal of Law and Technology, and has interned with with leading intellectual property law firms. Abhishek reviews a NY Times article by Janet Rae-Drupee that is quite harsh on the US Bayh Dole Act. Here again, I have to apologise to Abhishek for the delay in bringing you his guest post. While…


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Section 3(d) and Utility Model


What an idea! Sirji reminds us of a popular TV advertisement featuring a bollywood actor innovating on imparting education through the use of cell phones. Economic Times, in an interesting manner, uses this catch line to highlight that India’s stringent patent law is playing spoilsport in blocking almost 50,000 innovations from seeing the light of the day. Section 3(d) of the Patents Act is thought to be at the centre of the problem in recognizing incremental innovations as patentable subject…


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