Copyright

Period for copyright protection expires: Get ready for Bollywood all over again!


Thinking of remaking a timeless Hindi classic? The time is now! Most movies made as early as the 1930s and 1940s have lost the protection that their copyright provided them and have now entered public domain. However with increasing greater revenue accruing from movie screening, bigwigs in the Bollywood industry (like Yash Copra) have already approached the HRD Ministry to extend this period to around 95 years following the example of the ‘Mickey Mouse Act’ and the protection offered to…


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Rapidshare held responsible for copyright violations in Germany


While the battles in file sharing rage across the world it’s nice to see that in Germany there still seems to be some dichotomy of opinion. RapidShare responsible for copyright violations of users, court saysContributed by Wolfgang GruenerThursday, January 31, 2008 10:42.Duesseldorf (Germany) German content licensing authority GEMA says it has achieved and importantvictory” against RapidShare, which allows users to save and share files. A district ruled in favor of GEMA and confirmed that RapidShare has to take responsibility for…


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Pirates in troubled waters


With this article reported in the Guardian we see the fight against file sharing spreads to more countries. We all watched with growing apprehension for our music collections as Napster, Grokster, Kazaa and Morpheus got shut down in the USA. Australia followed with a 140 page judgement on why Kazaa was better gone and now Sweden has joined the fray.Sweden has charged “Pirate Bay” with being an “accessory” to infringement. The owners of Pirate Bay have sought refuge under the…


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Patent

Strengthening Glivec Patent in Thailand: Novartis learning from its mistakes?


In a new twist to the Glivec Patent episode, Thailand has refused to override the Glivec Patent after Swiss giant Novartis has agreed to supply free dosages of the drug through its Glivec International Patient Assistance Programme (GIPAP). Sufficient to cover at least 900 ailing patients- this move by Novartis has saved them the litigation they are entangled in currently in India. While there is no denying that this will help several cancer patients without sufficient funds to avail the…


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IPR and Traditional Knowledge: Irreconcilable differences?


In conjunction with the post that’s just been put up relating to the XLRI and NIF MoU I wanted to add a little note on the extension of the IPR system to traditional knowledge. The advantage of extending the existing IPR system to protect traditional knowledge is that it will generate incentives amongst indigenous peoples to conserve and protect their culture and environment. This assumption is drawn from the experience of the Aboriginal and Torres Strait Islander artists in Australia…


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From the medicine cabinet


The Financial Express brings us another development in the battle between big pharma companies and the generic industry. What really stood out for me was the generic industry’s indignant stand re-affirming their status as the “consumer’s best friend.” In my opinion both the generic industry as well as developing countries need to push much harder for cheaper medicines, A. 31 bis and take advantage of compulsory licensing provisions where available. I always end up looking at these situations from an…


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Moves to protect traditional knowledge


In an encouraging move for innovators in the rural areas of North East India XLRI has entered into a MoU with the National Innovation Foundation (NIF) to assess innovations and nominate the same for the national innovation award and granting resources for its protection through IP. This comes on the heels of numerous efforts by Sristi to create a database of innovations on a grass-root level. The move promises to be rewarding for all stakeholders and another step by the…


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Pushing for Compulsory Licensing: Pharma Companies heading closer to Doha.


The pharmaceutical industry is off late pushing for an invocation of the Compulsory Licensing of higher end drugs in India. As is well known, under the present TRIPS regime, compulsory licences may be issued variably as per the existing patent regime in a country. It is heartening to note that pursuant to this, India under Sections 84, 89, 92 and 92-A of the Indian Patents Act has a broadly worded provision. The extreme and urgent situations under which the pharmaceutical…


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EU to Take Taiwan to WTO over Compulsory Licensing Provision


If the EU does file a complaint at the WTO against Taiwan’s CL provision, we are likely to gain more insight into the contours of the compulsory licensing provisions and the various flexibilities inherent in it. Of course, recordable storage media is very different from drugs and we’re likely to see less politicization of the dispute here. Also, EU’s main problem seems to be the alleged sales of CD’s outside Taiwan–which, if true, is clearly prohibited under WTO rules. Interestingly,…


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Patent

Doha Style Compulsory Licenses for Exports: The Politics….


Readers will recollect our earlier posts on the Doha Style compulsory licensing issue. We reported on Natco’s application to use the Doha provision (implemented into Indian law via section 92A) to export Tarceva to Nepal. The 2003 Decision implementing the Doha Declaration (which made such licenses for export to countries with no manufacturing capabilities a possibility under WTO law) was a temporary measure. Developing countries moved to make this a permanent amendment i.e. Article 31bis. However, if Article 31 bis…


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