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Comments on Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms: by Anubha Sinha, Nehaa Chaudhari and Rohini Lakshane — published May 01, 2016 — last modified May 03, 2016 02:30 AM — 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.
Located in Access to Knowledge / Blogs
CCI allowed to probe Ericsson: FAQs on Ericsson’s disputes with Micromax and Intex: by Nehaa Chaudhari — published Apr 30, 2016 — last modified May 01, 2016 01:46 PM — 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.
Located in Access to Knowledge / Blogs
Standard Essential Patents on Low-Cost Mobile Phones in India: A Case to Strengthen Competition Regulation?: by Nehaa Chaudhari — published Feb 25, 2016 — last modified Apr 24, 2016 04:42 AM — 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).
Located in Access to Knowledge / Blogs
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: 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.
Located in Access to Knowledge / Blogs
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: 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.
Located in Access to Knowledge / Blogs
Pre-Budget Consultation 2016 - Submission to the IT Group of the Ministry of Finance: by Sumandro Chattapadhyay — published Jan 12, 2016 — last modified Jan 12, 2016 01:34 PM — filed under: Open Standards, Open Source, Cybersecurity, Open Data, Intellectual Property Rights, Open Government Data, Featured, Patents, Openness, Open Innovation, Encryption Policy
The Ministry of Finance has recently held pre-budget consultations with different stakeholder groups in connection with the Union Budget 2016-17. We were invited to take part in the consultation for the IT (hardware and software) group organised on January 07, 2016, and submit a suggestion note. We are sharing the note below. It was prepared and presented by Sumandro Chattapadhyay, with contributions from Rohini Lakshané, Anubha Sinha, and other members of CIS.
Located in Openness
Comparison of National IPR Strategy September 2012, National IPR Strategy July 2014 and Draft National IP Policy, December 2014: by Amulya Purushothama — published Oct 15, 2015 — last modified Mar 08, 2016 01:49 AM — 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".
Located in Access to Knowledge / Blogs
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: Software Patents, Access to Knowledge, Intellectual Property Rights, Indian Patents Act Section 3(k), Patents
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
'We Need to Proactively Ensure that People Can't File Patents Representative of the Creativity of a FOSS Community': by Rohini Lakshané — published Aug 23, 2015 — last modified Sep 27, 2015 11:51 AM — filed under: Open Source, Access to Knowledge, Open Innovation, FOSS, Patents
Rohini Lakshané attended “Open Innovation, Entrepreneurship, and Our Digital Culture” in Bangalore on August 13, 2015. Major takeaways from the event are documented in this post.
Located in Access to Knowledge / Blogs
CIS RTI REQUEST TO DIPP - NUMBER 1 - FEBRUARY, 2015: by Nehaa Chaudhari — published Apr 14, 2015 — filed under: Access to Knowledge, Copyright, Intellectual Property Rights, Accountability, Patents
Located in Access to Knowledge / Blogs

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The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.

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