FTA’s and TRIPS Flexibilities: An Oxymoronic Safeguard?

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The concept of TRIPS flexibilities is one that has been regurgitated time and again in the literature on IP and development. The most profound pronunciation of this concept can be traced back to the late Murasoli Maran, who, during his time as India’s Commerce Minister quipped: “We are all aware that the text of the TRIPS is a masterpiece of ambiguity, couched in the language of diplomatic compromise, resulting in a verbal tight-rope walk, with a prose remarkably elastic and […]

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Big Pharma accepts differential pricing – FINALLY!

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In a welcome move, some of the world’s largest pharmaceutical companies like GSK, Merck, Johnson & Johnson & Sanofi Aventis have finally agreed to slash the prices of key vaccines such as the rotavirus vaccine by over 67% for some least developing countries. These companies will however continue to charge existing rates in developed countries. (Image from here) Big pharma has traditionally been very, very averse to differential pricing i.e. charging different prices in different countries. The primary reason for

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Examining the jurisdiction angle in the Sholay-Universal dispute

/ By / Copyright

A few weeks ago we had blogged on the Sholay-Universal dispute over the licensing of ringtones to Vodafone. In its interim judgment the Delhi High Court had vacated the interim injunction against Vodafone and had ordered Universal to deposit the royalties from the Sholay ringtones with the Registry of the High Court. As noted in the interim judgment the assignment deed between Sholay and Universal was capable of being interpreted either way and the Court therefore refrained from making any

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Guest Post: Plagarism, creativity & copyright infringement

/ By / Copyright

We’re pleased to present yet another guest post from Tania Sarcar, a student of NUJS. Tania had earlier written this post regarding the controversy surrounding the hit song – ‘Character Dheela’. Plagarism, creativity & copyright infringementby Tania Sarcar In response to our last post on the Anu Malik – ‘Character Dheela’ controversy, one of our readers Mr. Satish Murti has very pertinently pointed out the similarity with two other numbers – Bappi Lahiri’s 1987 song “Mere Dil Gaye Ja Zu

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Some numbers from the Annual Reports of the Patent Office

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I recently came across the Annual Report of the Patent Office for the year 2009-10 on the website of the Patent Office. The latest report for the year 2010-2011 is not yet available. Image from here. Some of the figures released in this report of the Patent Office are extremely interesting and if anything highlight the shortage of staff: 1. Rate of patent grant stabilizes: As reported in one of our earlier posts the rate of patent grants was shooting

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Internet Access is a Human Right declares UN Report!

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The UN Special Rapporteur on the promotion and protection of the right to Freedom of Opinion and Expression, Frank La Rue, put forward a report to the UN Human Rights Council stating that internet access is a human right. Several current issues are addressed in the report. Emphasising the growing importance of internet in today’s society, the Special Rapporteur writes:  “Unlike any other medium, the Internet enables individuals to seek, receive and impart information and ideas of all kinds  instantaneously and

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This Trademark is Expressly Ours, says IE

/ By / Trademark

Trademark troubles have emerged yet again between two media groups in India — this time between The Indian Express (IE) and The New Indian Express (NIE), owned by different members of the family of the late Indian newspaper baron Ramnath Goenka. The New Indian Express, which has an extensive presence in southern India, has recently launched a weekly newspaper, The Sunday Standard, in New Delhi, which displays the brand of the mother paper. (Image from here.) According to this report

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Draft RTI application – Administer with care

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In response to some of the comments requesting for pointers on filing Right to Information applications for photocopies of the answer sheets of the patent office examination, I’ve pasted below a draft RTI application that can be filed with the Patent Office. The applicantion can either be submitted in person to the patent office or alternately, it can be sent through registered post. The fee of Rs. 10 can be sent through either a DD or an Indian postal order,

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Delhi High Court dismisses yet another petition against IPRS & PPL

/ By / Competition Law, Copyright

In a well-reasoned judgment dated 25th May, Justice S. Murlidhar of the Delhi High Court dismissed a petition by Event and Entertainment Management Association seeking directions to the Central Government for framing of ‘appropriate and objective standards towards the determination and levying of royalties of various copyrighted works administered’ by Phonographic Performance Limited (PPL) & Indian Performing Right Society Limited (IPRS). The petitioners also wanted directions on the ‘mode of enforcing and administering such royalties’. The Event and Entertainment Management

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Guest Post: Anu Malik’s tryst with ‘karma’

/ By / Copyright

Tania Sarcar, a student of the W.B. National University of Juridical Sciences (WBNUJS) has sent in this very interesting post on the latest round of copyright battles in Bollywood. It involved Anu Malik (image from here) accusing Pritam Chakraborty of copyright infringement – pot calling the kettle black? Read on….. Whose ‘Character’ is actually ‘Dheela’?by Tania Sarcar Music composer Annu Malik has accused Pritam Chakraborty, who is currently the most sought after composer in the Hindi Film Industry, of plagiarism

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