Internship @ Samvad Partners || Great work, No stipend, IPR and Civil matters

By Chaitanya Reddy
III BA LLB
ILS Law College

Worked at :

Samvad Partners, Chennai.

Address: 11/6, 2nd floor, Railway colony 3rd Street

Nelson Manickam road, Aminjikarai, Chennai 600 029, India.

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Pretentious Report Reviews: GIPC Index ranks India Second-to-Worst in IP Protection

Ritvik M. Kulkarni

The United States Chamber of Commerce (USCC) has yet again awarded a dismal rank to the Indian IP Regime in the 4th Global IP Index released on February 10, 2016. The Global Index, which is prepared annually by the Global IP Chamber of the USCC (GIPC), has set out a total of 30 indicators for assessing the effectiveness and strength of IP law and enforcement in 38 countries. The GIPC also released on February 5, 2016 its Special 301 Report as an evaluative precursor to its Global Index. The Special Report and the Global Index are available here and here respectively.

The Special Report purports to serve as a comprehensive guide to all the factors that make up a robust intellectual property and enforcement system. At the very outset it expresses the American apprehension towards a concerted effort across the world to change the public perception and debate on IP, often based on distorted and inaccurate claims and in contradiction to the careful balance already integrated into the system. It further observes that:

“Globally, there are increasing calls to limit how innovators are able to protect the property rights in their inventions and creations and even calls to limit the scope of what can be protected[1].”

Graphical representations of the Overall Economy Scores, as awarded in the Global Index, are reproduced herein below[2]:

Figure 1
All rights with the US Government

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ILS Intellectual Property Week 2.0 and National IPR Seminar 2016

We are pleased and honored to announce that ILS Law College is all set to organize the Second Edition of the ILS Intellectual Property Week. The First Edition of IP Week saw great participation among students mainly because last year’s panel consisted of speakers such as Dr. Mohan Dewan (Managing Partner – R. K. Dewan and Co.), Ashutosh Kane (W.S. Kane and Co.), Mr. Dominic D’Souza (Vice- President Zee Legal), CA Ameya Kunte (Taxsutra) and Adv. Anushree Rauta (Senior Associate – Naik, Naik and Company).The IP Week, which will be held between February 1 and 6, 2016, will consist of activities such as:

  1. IP Parliamentary Debate Competition, 1st February 2016
  2. Quiz Competition, 2nd February 2016
  3. Workshop on Patent Drafting (in collaboration with  URDIP, Pune) 3rd February 2016
  4. IP Extempore Moot Court Competition, 4th February 2016
  5. National Seminar on Intellectual Property Rights, 5th-6th February, 2016

This time on, the much coveted event also includes a National IPR Seminar which will be discussing the current issues and developments in the field of intellectual property law and practice in India. What makes this Seminar truly invaluable is the fact that each of the resource persons are among the few most influential persons in the field of intellectual property across the country. They are as follows

  1. Honourable Justice Prabha Sridevan, Retd. Chairperson, Intellectual Property Appellate  Board 
  2. Honourable Justice Gautam S. Patel, Bombay High Court
  3. Mr Praveen Anand, Managing Partner, Anand and Anand
  4. Dr Pradeep Apte, Professor of Economics, Fergusson College, Pune
  5. Dr Shamnaad Basheer, Founder Spicy IP

In fact, Justice Prabha Sridevan, Justice Gautam S. Patel and Dr. Shamnaad Basheer are the only three Indians who have been listed by Manangning Intellectual Property (MIP) as among the most influential persons in the filed of Intellectual Property across the world! You can access the report here.

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Introductory Presentation for the IP Cell of ILS Law College

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Uploading a copy of the First Session conducted by the IPR Cell of the ILS Law College for the academic year 2015-2016!

IPR Cell Logo

Click on: IPR Cell Introductory Session to get the PPT!

Internship Experience @ R.K Dewan & Co., Pune || Decent Work, No Stipend

Name of law firm: R.K Dewan and Co. at Model Colony, Pune Continue reading

Olympus Has Risen: Adv. Anushree Rauta on IP and Celebrity Rights Management

Ritvik M. Kulkarni

On the 2nd day of the ILS IP Week, Advocate Ms. Anushree Rauta made a presentation on the Celebrity Rights in India. A former student of ILS Pune, Ms. Rauta is currently working as a Senior Associate with Naik, Naik and Co. The presentation mainly dealt with rights of celebrities as performers under copyright law and their contracts of service with producers and brand owners.

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Olympus Has Risen: Dr. Mohan Dewan on Drug Patents

Ritvik M. Kulkarni

On the fourth day of the ILS IP Week 2015, the enthusiastic attendees had the rare opportunity to witness the legend, Dr. Mohan Dewan, give an insightful talk on Patents in the Drugs and Pharmaceutical Industry. The fact that Dr. Dewan almost effortlessly conducted two consecutive sessions with reliance on nothing but his mind and voice is itself an indication of the man’s patent brilliance.

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This Just In: DIPP and Designers go Defensive as “Make in India” Lion Faces Plagiarism Allegations

By Harish S. Adwant

The Department of Industrial Policy and Promotion (DIPP), on behalf of the government, disregarded the reports alleging that the ‘Make in India’ logo has been derived from a Swiss bank’s advertisement campaign. The DIPP has maintained that the (Lion) Logo depicts a “vibrant and dynamic” lion as against the “dull and boring” logo used by the Swiss bank.

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Tracking the IP Journey into School and College Syllabus (Part-II)

By Harish S. Adwant, III BSL LLB, ILS Law College, Pune

The Department of Industrial Policy and Promotion (DIPP) is working relentlessly in order to introduce “IP teaching” in educational institutions, as recommended by the Draft National IPR Policy.

DIPP is corresponding with National Council for Educational Research and Training (NCERT) and Central Board for Secondary Education (CBSE) to introduce IPR in the syllabus of Class IX students. The correspondences indicate that IPR may be introduced as a topic in social sciences or economics to familiarize students to patents and trademarks.

Simultaneously, DIPP is also planning on deliberating with the Ministry of Human Resource Development (HRD) and All India Council for Technical Education (AICTE) on introducing IPR as a separate subject in engineering colleges.

According to DIPP, this initiative is a part of the wider policy, framed by the body, to make the patent application process time-effective and technologically driven, create public awareness about IPR, and encourage more Indian patent filings. “There was a need for India to push for innovation through the IPR policy, which is in the works”, said Commerce and Industry Minister Nirmala Sitharaman.

The government is expected to announce the National IPR policy in the next three months, which will regulate the current IPR law framework and declare the future road-map. A draft has already been circulated for inter-ministerial comments, after which it will be sent to the cabinet for approval.

The proposals, recommended by the Draft IPR policy, will have to be executed only after scrutinizing and anticipating the hurdles faced by the present education system in India. DIPP must make the necessary arrangements in order to ensure quality education and avoid it from being an additional liability over the students.

 

Tracking the IP Journey into School and College Syllabus (Part-I)

By Harish S. Adwant, III BSL LLB, ILS Law College, Pune 

In 2008, LiveMint had reported that the Kerala State Government is going to implement an IP Education Policy to include the teaching of IPR in schools and other academic institutions. An official from the State Education Ministry said in the report, “The state will initially start five or six centres of excellence to provide degree-level classes to students in all five universities, and faculty will be provided in the universities and its affiliated institutions over a period of time”.

Furthermore, the then Kerala law minister M. Vijayakumar said in June 2008 that the IPR policy was the first step towards making the state “IP savvy.” The state had planned to form a body under the law department called “Mission IPR” to oversee patent rights administration. (LiveMint)
However, it may be noted that the Kerala IP policy has not been completely implemented so far.

In 2015, Hindustan Unilever (HUL), Mumbai based consumer goods company has insisted the government to include IPR as a subject in the school syllabus of secondary and higher-secondary students.

Dev Bajpai, Executive Director, Legal and Corporate Affairs, HUL said “We have proposed to the government that intellectual property should be part of the syllabus in schools because we feel we have to catch them young”. HUL made this proposal as a part of its suggestions made to the new National IP Policy of the NDA government, aimed at standardizing the implementation of IPR laws and regulations in India.

HUL, the country’s largest consumer products company voiced its concerns with respect to trademark infringement, loss of sales and brand dilution and decided to include the prospective consumers in the battle against circulation of counterfeit products in the market. It has also decided to engage directly with students and educating them about the importance of brands and how to identify genuine and fake products.

Counterfeit products are fake products, having similar appearance and packaging, which are produced and sold at a giveaway price to take an advantage of the superior value of the imitated product. Counterfeiting remains to be an impending peril to the established brands as it accounts to 3-5% of all the products sold in the 2.4 Lakh crores FMCG market in India. This figure multiplies to an annual loss of 8000-12,000 crores to the branded products in the market.

The initiative, fostered by HUL, allows the students to understand the elements of a commercial market and creates consumer awareness regarding counterfeit goods at a very nascent stage. However, this project should be limited to its objective and should not be formulated into a subject to be evaluated in the academic examinations at the school level.