Centre for Internet & Society

Copyright Amendment Bill in Parliament

Posted by Nirmita Narasimhan at Aug 30, 2011 09:26 AM |

The Copyright Amendment Bill is expected to be presented in the Rajya Sabha by the Minister for Human Resource and Development, Kapil Sibal today afternoon. The much awaited Bill (since it has been in the offing since 2006) has undergone significant changes since its initial appearance.

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Govt for Legalising Parallel Import of Copyright Works; Publishers Oppose

Posted by Shamnad Basheer at Aug 30, 2011 04:55 AM |

Section 2(m) legalises the parallel imports of books and other copyrighted material into India and was part of the initial Copyright Amendment Bill introduced in the Parliament of India in 2010.

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Don't Shoot the Messenger: Speech on Intermediary Liability at 22nd SCCR of WIPO

This is a speech made by Pranesh Prakash at an side-event co-organized by the World Intellectual Property Organization and the Internet Society on intermediary liability, to coincide with the release of Prof. Lillian Edwards's WIPO-commissioned report on 'Role and Responsibility of the Internet Intermediaries in the Field of Copyright'.

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Statement of CIS, India, on the WIPO Broadcast Treaty at the 22nd SCCR

The twenty-second session of the Standing Committee on Copyright and Related Rights is being held in Geneva from June 15 to June 24, 2011. Nirmita Narasimhan and Pranesh Prakash are attending the conference. CIS delivered its statement, on the Broadcast Treaty, and made it available in print form as well.

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Putting a Lid on Royalty Outflows — How the RBI can Help Reduce India's IP Costs

Posted by Sanjana Govil at Jun 17, 2011 10:05 AM |

While entrepreneurs, IP rights-holders and everyone else who has a stake continue to voice their opinions on the appropriate shape that the Indian IP regime ought to take, they tend to narrow their discussions to the language of substantive IP laws. However, there are regulations that cannot be found in the Patent Act, Copyright Act or Trademarks Act which nevertheless have an impact on how much one is paying for intellectual property. Paying attention to these external factors might just provide a simple solution to your IP woes.

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Consumers International IP Watchlist 2011 — India Report

Posted by Pranesh Prakash at May 17, 2011 09:10 AM |
Filed under:

Pranesh Prakash prepared the India Report for the Consumers International IP Watchlist 2011. The report was published on the A2K Network website.

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Comments to the Ministry on WIPO Broadcast Treaty (March 2011)

As a follow up to a stakeholder meeting called by the MHRD on the WIPO Broadcast Treaty, CIS provided written comments on the April 2007 Non-Paper of the WIPO Broadcast Treaty, emphasising the need for a signal-based approach to be taken on the Broadcast Treaty, and making it clear that India should continue to oppose the creation of new rights for webcasters.

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Pirates, Plagiarisers, Publishers

Posted by Prashant Iyengar at Mar 09, 2011 03:00 PM |

This article attempts to rescue not by denying the charges of plagiarism, but by charting an alternative trajectory of plagiarism so that each successive instance does not amplify our sense of embarrassment and crisis in the academy. The article by Prashant Iyengar was published in the Economic & Political Weekly, February 26, 2011, Vol XLVI No 9.

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Exhaustion: Imports, Exports and the Doctrine of First Sale in Indian Copyright Law

Posted by Pranesh Prakash at Feb 25, 2011 02:05 PM |

This article by Pranesh Prakash was published in the Manupatra Intellectual Property Reports, February 2011, Volume 1, Part 2, pp. 149-160. In this short note, the author argues that Indian courts have fundamentally misunderstood the doctrine of first sale, and consequently have wrongly held that parallel importation is disallowed by Indian law. He further looks at the ingenuity displayed by a court in prohibiting export of low-priced editions from India, and comes to the conclusion that this is also wrong in law. He believes there is a way out of this quagmire that we find ourselves in due to judicial inventions: that of accepting a proposed amendment to the Copyright Act.

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Thomas Abraham's Rebuttal on Parallel Importation

Posted by Pranesh Prakash at Feb 10, 2011 08:55 PM |

We engaged in an e-mail conversation with Thomas Abraham, the managing director of Hachette India, on the issue of parallel importation of books into India. We thought it would be in the public interest to publish a substantive part of that conversation. In this post he points at great length how our arguments are faulty. While we still believe that he doesn't succeed, we hope this will clarify matters a bit.

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Indian Law and "Parallel Exports"

Posted by Pranesh Prakash at Feb 01, 2011 05:05 AM |

Recently, a lawyer for the publishing industry made the claim that allowing for parallel importation would legally allow for the exports of low-priced edition. Here we present a legal rebuttal of that claim.

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Why Parallel Importation of Books Should Be Allowed

Posted by Pranesh Prakash at Jan 25, 2011 02:20 PM |

There has been much controversy lately with some publishers trying to stop the government from amending s.2(m) of the Indian Copyright Act, clarifying that a parallel import will not be seen as an "infringing copy". This blog post argues that the government should, keeping in mind the larger picture, still go ahead and legalise parallel imports.

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New Release of IPR Chapter of India-EU Free Trade Agreement

A draft of the IPR chapter of the EU-India FTA, made publicly available now for the first time, provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement.

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Problems Remain with Standing Committee's Report on Copyright Amendments

The Rajya Sabha Standing Committee on Human Resource Development (under which ministry copyright falls) recently tabled their report on the Copyright (Amendment) Bill, 2010 before Parliament. There is much to be applauded in the report, including the progressive stand that the Committee has taken on the issue of providing access by persons with disabilities. This post, however, will concern itself with highlighting some of the problems with that report, along with some very important considerations that got missed out of the entire amendment debate.

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Statement of CIS on the Work of the Committee in the 21st SCCR

Posted by Nirmita Narasimhan at Nov 23, 2010 11:25 AM |

The twenty-first session of the Standing Committee on Copyright and Related Rights was held in Geneva from 8 to 12 November 2010. Nirmita Narasimhan attended the conference and represented the Centre for Internet and Society.

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We’ve All Got Some Baggage

Posted by Lawrence Liang at Nov 13, 2010 05:00 AM |

America’s newest trade agreement is not going to kill only iPods. The article appeared in the Tehelka Magazine Vol 7, Issue 45, Dated November 13, 2010

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October 2010 Bulletin

Greetings from the Centre for Internet and Society!

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Seminar on Software Patent and the Commons

Posted by Prasad Krishna at Sep 02, 2010 01:55 PM |

A pre-grant opposition has been filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said.

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First Post-Bilski Decision - Software Patent Rejected

Posted by Prasad Krishna at Aug 24, 2010 10:40 AM |

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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The Bilski Case - Impact on Software Patents

Posted by Prasad Krishna at Aug 24, 2010 06:45 AM |

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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