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Arguments Against Software Patents in India
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by
Pranesh Prakash
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published
Feb 22, 2010
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last modified
Mar 13, 2012 10:43 AM
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filed under:
Open Standards,
Access to Knowledge,
Software Patents,
Intellectual Property Rights,
Publications,
Patents
CIS 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.
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Blogs
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When Copyright Goes Bad
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by
Prasad Krishna
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published
Apr 23, 2010
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last modified
Aug 04, 2011 04:37 AM
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filed under:
Intellectual Property Rights
A part of the Access to Knowledge Project, this short film by Consumers International is available on DVD and online at A2Knetwork.org/film.
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Blogs
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Technological Protection Measures in the Copyright (Amendment) Bill, 2010
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by
Pranesh Prakash
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published
Apr 28, 2010
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last modified
May 17, 2012 04:51 PM
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filed under:
Access to Knowledge,
Copyright,
Intellectual Property Rights,
FLOSS,
Technological Protection Measures,
Publications
In 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.
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Blogs
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Exceptions and Limitations in Indian Copyright Law for Education: An Assessment
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by
Lawrence Liang
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published
May 13, 2010
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last modified
Oct 20, 2011 02:08 PM
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filed under:
Intellectual Property Rights,
Publications
This paper examines the nature of exceptions and limitations in copyright law for the purposes of the use of copyrighted materials for education. It looks at the existing national and international regime, and argues for why there is a need for greater exceptions and limitations to address the needs of developing countries. The paper contextualizes the debate by looking at the high costs of learning materials and the impediment caused to e-learning and distance education by strong copyright regimes.
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Blogs
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The 2010 Special 301 Report Is More of the Same, Slightly Less Shrill
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by
Pranesh Prakash
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published
May 13, 2010
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last modified
Oct 03, 2011 05:37 AM
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filed under:
Development,
Consumer Rights,
Access to Knowledge,
Copyright,
Piracy,
Access to Medicine,
Intellectual Property Rights,
Data Protection,
FLOSS,
Technological Protection Measures,
Publications
Pranesh 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.
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Blogs
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A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
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by
Glover Wright
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published
Jul 13, 2010
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last modified
Aug 30, 2011 01:06 PM
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filed under:
Development,
Consumer Rights,
Copyright,
Access to Knowledge,
Discussion,
Economics,
Analysis,
Technological Protection Measures,
Intermediary Liability,
innovation,
Intellectual Property Rights,
Patents,
Publications
The 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.
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Blogs
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Analysis of the Copyright (Amendment) Bill, 2010
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by
Pranesh Prakash
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published
Jul 18, 2010
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last modified
Sep 21, 2011 06:01 AM
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filed under:
Access to Knowledge,
Consumer Rights,
Copyright,
Fair Dealings,
Public Accountability,
Intellectual Property Rights,
RTI,
Featured,
Broadcasting,
Publications,
Submissions,
Technological Protection Measures
CIS 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.
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Blogs
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Privacy and the Indian Copyright Act, 1857 as Amended in 2010
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by
Prasad Krishna
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published
Aug 20, 2010
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last modified
Aug 23, 2011 03:25 AM
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filed under:
Intellectual Property Rights,
Copyright,
Access to Knowledge
In 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.
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The Bilski Case - Impact on Software Patents
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by
Prasad Krishna
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published
Aug 24, 2010
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last modified
Aug 23, 2011 03:24 AM
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filed under:
Intellectual Property Rights,
Access to Knowledge
The 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.
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Blogs
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First Post-Bilski Decision - Software Patent Rejected
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by
Prasad Krishna
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published
Aug 24, 2010
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last modified
Aug 23, 2011 03:24 AM
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filed under:
Intellectual Property Rights,
Access to Knowledge
In 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.
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