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Intellectual Property News and Analysis – Intellepedia

Open Source Software & the Government of India

This image depicts the Open Source trademark, which comprises of a green keyhole with the words Open Source. this post talks about interesting developments in Open source technology. Click on the image to read the full post.

The Indian Government recently released its policy on adoption and use of Open Source Software (OSS) for government projects. The policy seeks to cut costs and improve flexibility by using, implementing and contributing to OSS development. The policy mandates that preference in government software projects must be given to OSS, and Closed Source Software (CSS) must only be an exception when OSS is not available. The Preamble of the policy reads as follows: "Government of India (GoI) is implementing the Digital India programme as an umbrella programme to prepare India for acknowledge based transformation into a digitally empowered society and a knowledge...

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Nendran Banana gets Geographical Indication Tag

This Image depicts the close shot of Nendran Bananas. This Image is relevant as the article deals with the Inclusion of Nendran Banana as Geographical Indication. Click on this Image for more Information.

India is the largest producer of the world’s most popular fruit, the Banana, churning out over a quarter of Global production of Bananas, which brings us to the discussion at hand, i.e., Kerala’s sumptuous Nendran Banana has got Geographical Indication registrations from the Geographical Indications Registry, Chennai. Geographical Indication (GI) refers to any indication that identifies the goods as originating from a particular place, where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographical origin. Geographical Indication is the best legal tool available for the protection of goods in developing countries. This would definitely help the...

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Student Blog Idol

This image depicts the title "winners".This image is relevant because this post announces the winner of the Student Blog idol Contest. Click on the image to view full post.

Sinapse takes great pleasure in announcing the Winner of the Student Blog Idol contest of 2014! Without much ado, here are the Winners: First place: Nitish Chaudhary (decided based on quality and penmanship; adherence to topic and flow; ease of readability) 5 Second place holders: Neerja Gurnani, Archit Gupta & Ankit Agarwal (co-authors but taken as 2), Pallavi Singh and Amrita Vasudevan Congratulations to all winners! You will receive your prizes shortly. As promised, all participants will receive certificates of participation. It was a great pleasure having you all aboard with the first round of the Student Blog Idol contest. We hope to conduct a second round in...

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Burger King and McDonald’s: Can Taste be Patented?

Burger King v. McDonalds

Here is the next post in the series of Student Blog Contest. This post is authored by Neerja Gurnani. I recently went to the Burger King outlet that has been causing immense amounts of hype in Indian teenagers, stood in queue, got a burger, and eagerly bit into it, expecting my mind to be blown. Instead, I was greeted with a very familiar taste – that of a McDonald’s burger. This led me to ask, can taste be patented? Recipes have been famously protected as trade secrets – for example, Coca-Cola protects its Classic beverage formula by avoiding disclosure and keeping a...

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Happy Birthday sue You; Happy Birthday sue You!

This image depicts children singing the happy birthday song. This image is relevant becasue this post talks about the copyright over the tune of the song "Happy birthday to you". Click on the image to view full post.

There’s no one who hasn’t awkwardly stood around their birthday cake while people sing "Happy Birthday to You". It’s the world’s most famous song, sung to millions each year. And this six-word set of lyrics with a simple melody is protected by copyright. In 1868, two Hill sisters from Kentucky composed a song called "Good Morning to All" (now known as the tune of "Happy Birthday"), which went like: Good morning to you, Good morning to you, Good morning, dear children, Good morning to all. Nobody knows when or how the song transitioned to the lyrics of "Happy Birthday to You".[i]  It appeared in The Beginners'...

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Impact of Reservation: A Socio-Economic and Legal Study

This image depicts a pie-chart. This image is relevant because this post talks about a socio-economic and legal study on the impact of reservation. Click on the image to view full post.

Here is the next post in the series of Student Blog Contest. This post is authored by Pallavi Singh. The paper evaluates caste based reservation system in India. The Primary stated objective of the Indian reservation system is to increase the opportunities for enhanced social status for underprivileged. The reservation system exists to provide opportunities for the members of the Scheduled Caste and Scheduled Tribes. Reservation is working in the opposition direction to its main objective as is demarcating the society further. It is being used to uplift one section of the society at the cost of another, which is not...

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The new IPR Policy, an innovative step?

This image depicts the Emblem of India. This image is relevant because this post talks about the Indian Government setting up a new IPR think-tank. Click on the image to view full post.

Here is the next post in the series of Student Blog Contest. This post is authored by Archit Gupta & Ankit Agarwal.   Keeping in mind the promise made by the new Central government to bring a new Intellectual Property Rights policy, the Department of Industrial Policy and Promotion has constituted an IPR Think Tank to draft the National Intellectual Property Rights Policy and to advise the government on IPR issues. The panel will identify areas in IPRs where study needs to be conducted and furnish recommendations in this regard to the Commerce Ministry and will also advise the government on best...

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OCR: Credibility of India’s Intellectual Property Enforcement in Question

This image depicts the logo of the Executive Office of the President of the United States. This image is relevant because in this post, the U.S. talks about the credibility of India's Intellectual Property Enforcement. Click on the image to view full post.

United States Trade Representative (USTR) ordered an Out of Cycle Review (OCR) for India in October. While the USTR insists that the aim of this exercise is to provide constructive feedback to India in order to improve its IP protection and enforcement, many in India are not happy about this move. Not only has the government criticized this move, but also refused to participate in it arguing that the US laws are not applicable to India. Nirmala Sitharaman, India’s Commerce Minister, had informed the Parliament, “The Special 301 process is a unilateral measure taken by the United States under their...

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Can you sue if your tweet gets copied?

  Here is the next post in the series of Student Blog Contest.  The Internet is often considered the Wild West of laws; People believe that laws that exist offline do not apply online, or there exist different rules of behaviour. So when you tap out a tweet and hit send, putting it in public domain, can you sue if it gets copied? Short answer: No. Long answer? It’s complicated. Copyrighting a tweet is extremely hard, for various reasons. Reporting on facts, common situations, or communicating, are not copyrightable, even when done in an original manner. Grabbing titles from newspapers, or even making one up,...

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