Technology & Law

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SEP – FRAND LICENSING: EU ISSUES DECISIONS IN MOTOROLA, SAMSUNG CASES, ISSUES FAQS

First posted on spicyip.com on May 1, 2014 europa-flag.gif 814 Bytes The European Commission on April 29, 2014 issued two press releases in the competition law cases in investigations against Motorola Mobility and Samsung.  A very-very interesting list of FAQs have also been issued constituting in some sort – guidelines for licensing SEPs under FRAND terms.  I’ll spend some time on the guidelines as they have extremely important ramifications back here in India, but I would summarize the Motorola and Samsung decisions first.  After these decisions, the position of the EU is more-or-less, in line with the US position on SEP – FRAND licensing. The Comm... Continue reading

REVISITING - PATENTABILITY OF COMPUTER PROGRAMS AND SECTION 3(K), A DIFFERENT PERSPECTIVE

OSI-Model.png 6.88 KB This post continues from my previous (academic) posts on the topic re patentability of software, and provides an academic reasoning of what constitutes software / computer programme per se. The reason why I am limiting the issue only to the term software per se is because of the recent discussions draft guidelines issued by our Patent Office on the topic, and the subsequent discussions on the same.   As we know that the term per se did not come into the act directly.  It came in on the recommendation of the Joint Parliamentary Committee (“JPC”). The JPC inserted the term to address the patentability of inventions relating to co... Continue reading

DATA EXTRACTION: INTERSECTION OF COPYRIGHT AND INFORMATION TECHNOLOGY LAWS IN INDIA

First posted on spicyip.com on October 9, 2013 Web-Crawling.jpg 31.3 KB The rise of the Internet has led to the creation of vast repository of data residing in across servers and domains.  This vast repository contains a large datasets that includes “publicly available information.”  This publicly available information includes – time sensitive information – news, financial information and data, reviews, auction information, and in multiple other categories. Because the information is public, and because current information technology tools that gave rise to the internet in the first place, it has become extremely convenient to extract as required ... Continue reading