Call for Papers for Journal of Public Interest IP

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  The readers of Spicy IP may be interested to know of a new journal that has recently come into being and seeks to address issues pertaining to the nexus between IP and public interest, something which has always been one of the focus areas of Spicy IP too. The journal, named the Journal of Public Interest IP, is a brainchild of PIIPA (Public Interest Intellectual Property Advisors, Inc.). PIIPA is an international non-profit organization that provides pro bono IP […]

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Background issues or Issues in the background?

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There are completely new issues, perhaps ones that have never risen before, which are coming out as a result of the digital era we’ve entered. These aren’t necessarily IP issues but are at the cross section of law and technology. Given the common overlap of interests between ‘IP-ers’ and ‘Law and Tech-ers’, along with a lack of any specific category I can think of for them, I have taken the liberty to put two of these issues in this blog.

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Guest Post: Reputation without use

/ By / Trademark

The recent decision of the IPAB over the FT trademark, which Shan had analyzed about over here, is probably one of the most important judgements in the recent past. The distinction drawn by the IPAB between ‘use’ and ‘reputation’ will probably have an effect on several similar cases pending before different forums.  Arun Mohan, an IP lawyer practising before the Madras High Court has sent us this guest post providing a different perspective on the matter.  I also invite other

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Argentina goes the 3(d) Way: Creases of Worry for the Pharmaceutical Patent Applicants?

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(Image taken from here) Most of the regular readers of Spicy IP would by now be familiar with the growing controversy and debates surrounding Section 3(d) of the Indian Patents Act, 1970 (For a detailed list of Spicy IP posts relating to this provision, see here). A while ago, a post had also been made on how other countries like Thailand had been coming up with legislative provisions similar to S. 3(d) within their own IP regimes (see here). For

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RTIs reveal daunting backlog at Patents Office & Trademark Registry

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Image from here I had recently filed a RTI Application with the DIPP to collect information on the backlog of certain specific proceedings before the Patent Office and the Trademark Registry. The application was transferred to the office of the CGPDTM and the replies from his office indicate a daunting backlog which is going to be impossible to clear with the present staff, especially at the Trade Marks Registry.  Given below are the figures of some of the pendency rates,

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Lok Sabha passes the Copyright (Amendment) Bill, 2012 with overwhelming support from the Opposition

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Earlier today, the Lok Sabha on the last day of the current budget session, unanimously voted in support of the Copyright (Amendment) Bill, 2012, which has been pending in Parliament for the last two years, with overwhelming support from members across the political spectrum. Minister Sibal was also commended by all the speakers for the amendments being brought in by the Bill. The Bill had been passed by the Rajya Sabha on 17th of May, 2012. We had blogged about

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The Epic Battle Concludes? : Times Publishing House Ltd. V. The Financial Times Limited

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The decision in the long standing dispute over the FT trademark was finally decided by the IPAB last month.  The case was an amalgamation of five related applications. The first application for removal of the FT mark was the main one since it encompassed issues raised in the other applications.  The IPAB ordered the removal of Financial Times Limited’s (FTL) mark from the register as it was not able to prove use from 1948. However it allowed FTL’s rectification application

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SpicyIP Tidbits: The text and video of the Rajya Sabha debates on the Copyright (Amendment) Bill, 2010

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The text of the Rajya Sabha debates discussing the Copyright (Amendment) Bill, 2010 are now available on the website of the Rajya Sabha. These debates, which went on for almost three hours, can be accessed over here, here and here. Apart from the text of the debate available on the website of the Rajya Sabha, you can also see the recorded broadcast of Javed Akhtar’s and Kapil Sibal’s speech on Youtube over here and here. I would definitely recommend a

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CSIR Tech. Pvt. Ltd: Its controversial past and its uncertain future

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As I wait for the Central Public Information Officer at CSIR, to send me details of the royalties earned through licensing of CSIR’s patents, I thought that it would be interesting to share with our readers some of my research into CSIR’s latest bid to commercialize its patents and public funded research – CSIR Tech Pvt. Ltd. A. First a bit of history: CSIR Tech Pvt. Ltd. is not the first govt. venture aimed at commercializing public funded research. As

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The budget for TKDL and also, its focus on Indian patent applications

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Image from here. In response to one of my previous posts on the TKDL project, I received some queries on the possible cost of the TKDL project. Well, predictably, I sent in a RTI query to CSIR for the figures. The response from CSIR can be accessed over here.  As per CSIR, from 2001-02 until March, 2012 a sum of Rs. 15,96,72,589 (Rupees Fifteen crores, ninety six lakhs, seventy two thousand, five hundred and eighty nine). As per the exchange

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