Others

SpicyIP Weekly Review (February 12-18)


The topical highlight for the week, which also happens to be our first post of the week, is Prashant’s incisive analysis of the way in which Indian media has covered Global Intellectual Property Centre’s (“GIPC”) latest international IP index.  Prashant notes how the mainstream media has reproduced the findings of GIPC IP index, including the poor ranking accorded to India in the global IP environment, without critically assessing the methodology or motive behind the same. Prashant concludes by saying that…


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Patent

Ministry of Finance Reiterates its Decision not to Grant Benefits of Flexible Complementing Scheme to Patent Office Employees


Few would disagree with the broad proposition that the success of the patent system is contingent upon a well-functioning patent office, manned by technically competent examiners and controllers. To this end, two issues that have often been at the forefront of most discussions about the strategies that can be adopted to achieve this objective have been the need to recognize the patent office as a scientific and technical organization and, as a logical corollary, to make the modified flexible complementing…


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Patent

Break in India: Were the Dark Ages Really Dark?


In a recent post, I reflected on the disingenuous US Chamber of Commerce rankings designed to coerce India into picking up TRIPS plus IP standards that suit US industrial interests! I exhorted that India should use this opportunity to break the obsolete IP paradigm and refuse to play ball on the patent numbers game! Some months ago, I had the opportunity to reflect more on this “Break in India” theme for a special issue of the Seminar. For those interested, the…


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Copyright

Copyright in “Standards”: Taking a look at the PIL by Malamud, Sinha & Kodali against BIS


The issues of copyrights in standards is back in the limelight after a recent judgment of a Federal Court in the US, ruling against Public Resources in a lawsuit filed against it by standards bodies like the American Society for Testing and Materials (ASTM), the National Fire Protection Association (NFPA), etc. Techdirt provides a nice summary and analysis of the judgment. The works at dispute in this case were “standards” which were developed by private bodies but then made compulsory…


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Copyright Others

The ‘Artist’ who Traversed through Unchartered Territories of Law


The controversial artist, J.S.G Boggs, who ‘literally’ made money, passed away recently.  [For news reports, see here, here and here]. Mr. Boggs is said to have painstakingly reproduced British pounds, Swiss francs and American dollars, with quirky deviations. Initially, he created notes one by one, which was a time-consuming process. Later, he ran off limited-edition prints. The interesting modus operandi was as follows: He presented his currency to merchants as payment for goods and services. If the bills were accepted,…


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Patent

Break in India: Leapfrogging Patent Obsolescence


The US Chamber of Commerce is at it again! Ranking India close to the bottom of its inane IP index. Unfortunately, some of our commentators have fallen prey to the seductive logic of these rankings and warned us in dire tones that if we didn’t ramp up our patent numbers, we’d suffer on the technological front. I’ve cautioned against this myopic vision in a recent op-ed in the Hindu. This comes close on the heels of a recent post by…


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Others

Hear From Our Fellows 2016-17


Wondering if it’s worth applying for the SpicyIP Fellowship? Hear from our current batch of Fellows on their experience so far. Their words are sure to dispel all your doubts. Here’s what they’ve to say: Balu Nair “When I ponder about that one defining factor that makes the SpicyIP fellowship extremely special for me, a thousand things come running to my mind, ranging from the enormous learning that comes with writing each post to the massive readership one’s posts elicit….


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Events

SpicyIP Events: Remembering SP Sathe 11th Memorial Conference on ‘Changing Contours in IP Law’ [March 10-12]: Register by Feb 25


Every year the Professor S. P. Sathe Foundation organizes three events at ILS Law College, Pune on a specific theme with a view to commemorate Prof. (Dr.) Satyaranjan Sathe’s contribution to Indian jurisprudence and social action.  They include a Memorial Lecture, a National Conference, and a National Moot Court Competition. This time around, the Memorial Lecture and Conference will delve deep into the changing contours of intellectual property laws. About Professor Dr. S. P. Sathe This Moot is conducted by…


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Copyright Patent

The Press Release Journalism Around the GIPC IP Index


It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Others

SpicyIP Weekly Review (February 5-12)


This week’s thematic highlight was Balaji’s amazing post on injunctions in matters of public interest. Commenting on the Delhi High Court’s recent order in Bayer v Ajanta, he first relies upon Bayer’s Form 27 filings for 2013-16 to note that Bayer hasn’t been working its patented drug ‘vardenafil’ in India. He points out that Bayer only noticed possible infringement of its patent in 2016 and began to sue offending manufacturers; including the defendant Ajanta in the present suit. Successfully relying upon Franz Xaver Huemer v….


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