The Indian Bayh Dole Bill: A Critique and Some Suggestions

/ By / Patent

In my last post, I lamented the pitiable state of affairs that informed and continues to inform the passage of India’s notorious “Bayh Dole” bill. In particular, I referred to a TOI piece, which documents the “secrecy” with which a Parliamentary select committee is now hearing this matter. I also referred to a draft article of mine (along with Shouvik Guha) which highlights some of the major flaws in this badly conceptualised and drafted Bill. For those interested, you may […]

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SpicyIP Tidbit: The Woes of the Grassroot Innovator in the Agricultural Sector

/ By / Uncategorized

The Indian public discourse over innovation and intellectual property laws has often ignored the issues arising in the agricultural sector – a sector which affects more than 50% of the Indian population. Luckily for us Hindu’s award winning correspondent – M.J.Prabhu carries a weekly column – Farmer’s Notebook – which does cover grassroot level innovation affecting farmers. In fact his coverage has been so good that he’s been given an award for it by the National Innovation Foundation. Picture from

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Law Making, Bayh Dole and the Indian (Re)Public

/ By / Uncategorized

Today, we celebrate the 60th anniversary of India’s coming into existence as a “Republic”, a date that many consider to be as important as the 15th of August 1947, when India finally shook off the last vestiges of foreign domination and went on to fulfill its tryst with destiny. As a friend of mine, Gopal Sankaranarayanan writes in the Hindu: “In many ways, August 15 would have little meaning if not for January 26. For, although independent, the vast land

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SpicyIP Tidbit: WHO is Looking after Flu Scares?

/ By / Patent

An Inter-Governmental meeting this week of the Executive Board Members of the WHO, saw concerns on several different issues being discussed. Regarding a way towards an influenza framework, it was agreed that they would try to complete a framework for dealing with influenza in time for the World Health Assembly in May later this year. One of the main issues discussed was that of development and distribution of vaccines. The usual developed – developing line roughly divided the groups, with

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SpicyIP Tidbit: The Science and Engineering Research Board Act, 2008

/ By / Innovation

In 2008 the then Minister for Science and Technology, Mr. Kapil Sibal had introduced in Parliament the Science and Engineering Research Board Bill, 2008. The Bill as passed by both Houses of Parliament in December, 2008 aimed at constituting an autonomous body, the Science and Engineering Research Board (SERB).Photo Credit: Bill Strong, Image can be accessed here.The ‘Statement of Objects and Reasons‘ appended to the Bill introduces the Bill as an attempt “to create an autonomous Board with necessary administrative

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IP Jobs in Mumbai

/ By / Uncategorized

Reposting an earlier announcement of an excellent opportunity for those seeking a challenging IP opportunity in Mumbai. Two job openings for IP Professionals in Mumbai, as described below. If interested, please write with a copy of your CV to spicyipjob[at]gmail.com(I) POSITION: Senior Manager Legal – IP Enforcement Required Qualification: 5-8 years of IP infringement experience in a reputable law firm and/or multi-national corporation, including substantial work in copyright and/or trademark law Salary: Commensurate with the best in the industry Roles

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NUJS I(P)DEATE EVENT REMINDER

/ By / Uncategorized

A reminder that Graham Dutfield is speaking at NUJS this afternoon on “traditional medicines” and patents: Venue: Room 006, NUJS, KolkataDate: Jan 22, 2010 (Friday)Time: 3 pm to 5 pm (including QandA)Registration: If you’re interested in attending, please send an email with your name, designation and institution to shayonee[at]gmail.com. Attendance is free. From Traditional Medicines to Modern Drugs: Do Patents Protect Inventions and Promote Piracy?For as long as there has been a pharmaceutical industry, traditional knowledge has provided innumerable successful

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Essay Competition: Competition by Max Planck on Innovation

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SpicyIP is pleased to announce the first international essay competition conducted by the prestigious International Max Planck Research School for Competition and Innovation. The topic for the competition is “Designing an Inclusive National Innovation Policy for Sustainable Development: Legal, Economic, and Social Perspectives”.   The text of the essay should be no longer than 8,000 words, including footnotes. It should be presented in a way that ensures the author’s anonymity when it is circulated to the members of the evaluation

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Call for Papers: Conference on Emerging Issues of Law and Justice

/ By / Uncategorized

SpicyIP is pleased to announce a Call for Papers on behalf of the organisers at Campus Law Centre, Faculty of Law, University of Delhi, of an upcoming conference on “Emerging Issues of Law and Justice in the Coming Decade” to be held on March 26-27, 2010 in Delhi. Concept Note India has experienced major changes in its economic, social and political life during last two decades. Record economic growth has been accompanied by rapid urbanisation, rise in informal forms of

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IP Ownership in an Employment Context: Patents vs Copyrights

/ By / Copyright, Patent

Divya Subramanian, a bright young IP attorney with Lex Orbis, one of India’s leading IP law firms, wrote and asked me a very pertinent query pertaining to the ownership of IP created by an employee during the course of employment. While the Copyright Act (section 17) states that absent a contract to the contrary, any work created in the course of employment belongs to the employer, the Patents Act does not carry a similar stipulation. Therefore, it would appear that

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