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Blog Entry The new Guidelines for Computer Related Inventions are a big win for FOSS in India!
by Anubha Sinha published Feb 23, 2016 last modified Feb 24, 2016 06:30 AM — filed under: , , ,
India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines.
Located in Access to Knowledge / Blogs
IP Meetup #01: Prof. Biswajit Dhar on 'Intellectual Property issues: The Way Forward post Nairobi WTO Ministerial'
by Anubha Sinha published Feb 04, 2016 last modified Feb 04, 2016 01:25 PM — filed under: , , ,
Prof. Biswajit Dhar will deliver a short talk on what the WTO Nairobi Ministerial means for intellectual property issues, and the way forward, on Sunday, February 7, 2016 at the Centre for Internet & Society's Delhi office, at 4 p.m.
Located in Access to Knowledge / Events
Blog Entry CIS' submission to Indian Patent Office on Examples of Excluded Patentable subject-matter under Section 3(k) for incorporation in the yet-to-be-released Guidelines for Computer Related Inventions
by Anubha Sinha published Jan 28, 2016 last modified Feb 22, 2016 09:36 AM — filed under: ,
The Patent Office had put the Guidelines on Computer Related Inventions, 2015 in abeyance last month. This step was taken after several stakeholders including CIS made representations to the Office about serious substantive legal issues in the document. In furtherance of the consultative process, a meeting was conducted in Mumbai with various stakeholders, chaired by the Controller General of Patents Design Trademarks (“CGPTDM”). Anubha Sinha participated in the meeting, after which the CGPTDM invited submissions from stakeholders on specific examples on exclusions from patentability under section 3(k) of the Patents Act, 1970, for possible incorporation in the Guidelines for Examination of Computer Related Inventions.
Located in Access to Knowledge / Blogs
Blog Entry Guidelines for Examination of Computer Related Inventions in abeyance
by Anubha Sinha published Dec 21, 2015 last modified Dec 23, 2015 10:06 AM — filed under: , , ,
The CRI Guidelines were heavily criticised for their failure to address the ambiguities created by Section 3(k) and for expanding the scope of software patent eligibile subject-matter, inter alia. Following several representations and submissions by interested stakeholders, the Controller General has moved the Guidelines into abeyance, until discussions with stakeholders are complete and contentious issues are resolved, and is a welcome step.
Located in Access to Knowledge / Blogs
Blog Entry CIS-India Projects: Overlaps with Digital India
by Anubha Sinha published Oct 11, 2015 — filed under:
This post documents the overlap of CIS India's work with the nine pillars of the Digital India campaign. The list reflects work completed/underway as of September 2015.
Located in Access to Knowledge / Blogs
Blog Entry Comments on the Guidelines for Examination of Computer Related Inventions (CRIs)
by Anubha Sinha published Sep 21, 2015 last modified Oct 27, 2015 02:46 PM — filed under: , , , ,
Recently, the Indian Patents Office released the Guidelines for Examination of Computer Related Inventions (“2015 Guidelines/ Guidelines”) in an attempt to clarify examination of software related patents in India. This post is a pure analysis of the 2015 Guidelines. The new Guidelines, essentially, narrow the exclusions of secttion 3(k), thereby enlarging the scope of software related applications eligible for a patent grant. More alarmingly, there is low emphasis on the application of the subject matter test, increased ambiguity on the nature of subject matter and an exclusionary list of examples appended to the document. In the following post, CIS highlights these concerns and presents solutions, and also proposes a definition of "computer programme per se". Read on to understand how the new guidelines will potentially lead to an increase in software patenting activity by expanding the scope of patentable subject matter – in negation of the legislative intent of section 3(k) of the Indian Patents Act, 1970.
Located in Access to Knowledge / Blogs
Civic BRICS Forum 2015
by Anubha Sinha published Jul 24, 2015 last modified Aug 10, 2015 02:27 PM — filed under:
I attended the Civil BRICS Forum in Moscow last month. My session fell under the Economics and Trade category; and I spoke on the importance of maintaining a balanced IP regime, strengthening access to knowledge and medicines, and ensuring free speech and innovation. The event was held in Moscow from June 29 to July 1, 2015.
Located in Access to Knowledge / News & Media
Blog Entry FOSS for Public Use: Free and Open Source Software for Digital India
by Anubha Sinha published May 29, 2015 last modified Jun 18, 2016 06:20 PM — filed under: ,
I attended a round-table meeting on May 29, 2015 at the India Habitat Centre, New Delhi. The meeting was organized by SFLC in collaboration with the International Centre for Free and Open Source Software, and the Centre for Internet & Society.
Located in Openness / Blog
Blog Entry Pervasive Technologies Project Working Document Series: Literature Review on IPR in Mobile app development
by Anubha Sinha published Apr 29, 2015 last modified Aug 31, 2015 01:48 PM — filed under: , ,
This post is literature survey of material exploring and analysing the role of Application Platforms in the Mobile Applications Development ecosystem, albeit from an intellectual property perspective. The document is a work in progress.
Located in Access to Knowledge / Blogs
Blog Entry Call for Participation: Global Congress on Intellectual Property and the Public Interest
by Anubha Sinha published May 14, 2015 last modified Jun 24, 2015 04:11 PM — filed under: , , ,
We are pleased to announce the call for participation for the fourth edition of the Global Congress on Intellectual Property and the Public Interest (“Global Congress”), being hosted at New Delhi from December 15 to 17, 2015.
Located in Access to Knowledge / Blogs