Blogs
First Post-Bilski Decision - Software Patent Rejected
— by Prasad Krishna — last modified Aug 23, 2011 03:24 AMIn the first decision post-Bilski, the Board of Patents Appeals and Interferences (BPAI) rejected a software patent claimed by Hewlett-Packard. The ruling in this case has buttressed the fact that the Bilski decision furthered the cause of narrowing the patentability of software even though the Supreme Court of the United States totally avoided mentioning software patents or the applicability of the machine or transformation test for software patents in its decision.
The Bilski Case - Impact on Software Patents
— by Prasad Krishna — last modified Aug 23, 2011 03:24 AMThe Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.
Privacy and the Indian Copyright Act, 1857 as Amended in 2010
— by Prasad Krishna — last modified Aug 23, 2011 03:25 AMIn this post the author examines the issue of privacy in light of the Indian Copyright Act, 1857 as amended by the Copyright Amendment Bill in 2010. Four key questions are examined in detail and the author gives suitable recommendations for each of the questions that arise.
Analysis of the Copyright (Amendment) Bill, 2010
— by Pranesh Prakash — last modified Sep 21, 2011 06:01 AMCIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.
A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
— by Glover Wright — last modified Aug 30, 2011 01:06 PMThe Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.
The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill
— by Pranesh Prakash — last modified Oct 03, 2011 05:37 AMPranesh Prakash examines the numerous flaws in the Special 301 from the Indian perspective, to come to the conclusion that the Indian government should openly refuse to acknowledge such a flawed report. He notes that the Consumers International survey, to which CIS contributed the India report, serves as an effective counter to the Special 301 report.
Technological Protection Measures in the Copyright (Amendment) Bill, 2010
— by Pranesh Prakash — last modified May 17, 2012 04:51 PMIn this post Pranesh Prakash conducts a legal exegesis of section 65A of the Copyright (Amendment) Bill, 2010, which deals with the stuff that enables 'Digital Rights/Restrictions Management', i.e., Technological Protection Measures. He notes that while the provision avoids some mistakes of the American law, it still poses grave problems to consumers, and that there are many uncertainties in it still.
Arguments Against Software Patents in India
— by Pranesh Prakash — last modified Mar 13, 2012 10:43 AMCIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.
Enforcement of Anti-piracy Laws by the Indian Entertainment Industry
— by Prasad Krishna — last modified Aug 04, 2011 04:35 AMThis brief note by Siddharth Chadha seeks to map out the key actors in enforcement of copyright laws. These bodies not only investigate cases of infringement and piracy relating to the entertainment industry, but tie up with the police and IP law firms to pursue actions against the offenders through raids (many of them illegal) and court cases. Siddharth notes that the discourse on informal networks and circuits of distribution of cultural goods remains hijacked with efforts to contain piracy as the only rhetoric which safeguards the business interests of big, mostly multinational, media corporations.
World IT Forum 2009
— by Pranesh Prakash — last modified Aug 04, 2011 04:44 AMAt the World IT Forum, Pranesh Prakash made a brief presentation on intellectual property rights, how ill-suited they are to be considered "property" rights, and how they have been foisted upon the developing world.
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