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CIS' Submission on Statement of Working of Patents
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by
Anubha Sinha
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published
Apr 10, 2018
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last modified
Apr 21, 2018 03:32 PM
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filed under:
Patents,
Access to Knowledge
The Centre for Internet & Society (CIS) made a submission to the Indian Patent Office on the issue of Statement of Working as per Form 27 under the Patents Act, 1970.
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Blogs
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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
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by
Anubha Sinha
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published
Jan 28, 2016
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last modified
Feb 22, 2016 09:36 AM
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filed under:
Patents,
Access to Knowledge
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.
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The new Guidelines for Computer Related Inventions are a big win for FOSS in India!
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by
Anubha Sinha
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published
Feb 23, 2016
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last modified
Feb 24, 2016 06:30 AM
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filed under:
Featured,
Patents,
Access to Knowledge,
Software Patents
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.
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Blogs
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Standard Essential Patents on Low-Cost Mobile Phones in India: A Case to Strengthen Competition Regulation?
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by
Nehaa Chaudhari
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published
Feb 25, 2016
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last modified
Apr 24, 2016 04:42 AM
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filed under:
Patents,
Competition Law,
Competition,
Access to Knowledge
The realization of the promise of the sub hundred dollar mobile device as a facilitator of access to knowledge is contingent inter alia on its availability in the market place. In turn, the market availability of the sub hundred dollar mobile device is influenced by the existence of an enabling environment for producers to produce, and consumers to consume. From a regulatory perspective, the enabling environment itself is a function of existing laws and policies, and the ‘developmental effects’ of certain laws and policies (Saraswati, 2012).
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Blogs
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CIS RTI REQUEST TO DIPP - NUMBER 1 - FEBRUARY, 2015
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by
Nehaa Chaudhari
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published
Apr 14, 2015
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filed under:
Access to Knowledge,
Copyright,
Intellectual Property Rights,
Accountability,
Patents
Located in
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Blogs
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Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance
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by
Rohini Lakshané
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published
Jul 17, 2017
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last modified
Oct 13, 2017 04:32 AM
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filed under:
Patents,
Access to Knowledge,
Pervasive Technologies
India requires every patentee to file an annual statement, also known as “Form 27”, describing the working of each of its issued Indian patents. If a patent is not locally worked within three years of its issuance, any person may request a compulsory license, and if the patent is not adequately worked within two years of the grant of such a compulsory license, it may be revoked. The research paper on Form 27 practices and compliance by patentees authored by Prof Jorge L. Contreras, University of Utah, and Rohini Lakshané, Centre for Internet and Society has been accepted for publication in the NYU Journal of Intellectual Property and Entertainment Law.
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Comparison of National IPR Strategy September 2012, National IPR Strategy July 2014 and Draft National IP Policy, December 2014
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by
Amulya Purushothama
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published
Oct 15, 2015
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last modified
Mar 08, 2016 01:49 AM
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filed under:
Intellectual Property Rights,
Patents,
Access to Knowledge
This is an analysis of the first draft of India's National IPR Policy with an earlier document "India's National IPR Strategy".
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Blogs
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CCI allowed to probe Ericsson: FAQs on Ericsson’s disputes with Micromax and Intex
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by
Nehaa Chaudhari
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published
Apr 30, 2016
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last modified
May 01, 2016 01:46 PM
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filed under:
Access to Knowledge,
Pervasive Technologies,
Intellectual Property Rights,
Competition Law,
Patents
The blog post is an analysis of the recent decision of the Delhi High Court, clarifying that the Competition Commission of India could investigate Ericsson for a violation of competition law. A shorter version of this blog post was published in the Quint on April 30, 2016.
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Blogs
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Comments on Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms
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by
Anubha Sinha, Nehaa Chaudhari and Rohini Lakshane
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published
May 01, 2016
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last modified
May 03, 2016 02:30 AM
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filed under:
Access to Knowledge,
Pervasive Technologies,
Competition,
Featured,
Patents
The Centre for Internet & Society gave its comments to the Department of Industrial Policy and Promotion. The comments were prepared by Anubha Sinha, Nehaa Chaudhari and Rohini Lakshané.
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CIS' Submission to DIPP and CGPDTM at meeting with IP Stakeholders
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by
Anubha Sinha
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published
Dec 13, 2017
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last modified
Dec 13, 2017 02:31 PM
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filed under:
DIPP,
Patents,
Access to Knowledge,
Pervasive Technologies
The Office of the Controller General of Patents, Designs and Trademarks held a meeting with IP stakeholders on December 7, 2017, chaired by the Secretary, DIPP, to take suggestions on improving procedures and functioning of the Office. Anubha Sinha attended the meeting and requested the DIPP to improve compliance of uploading Form 27s by patentees and ensure proper enforcement of related provisions within the Indian Patent Act, 1970. Additionally, we sent a detailed submission to the Office, drawing from our recent research. Thanks to Rohini Lakshane and Aman Goyal for their inputs.
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