In my last post, I examined the interface between Articles 9(2) and 10 of the Berne Convention. In that post, I concluded with the view that Article 10 is distinct from and not subject to the requirements of Article 9(2) of the Berne Convention. I also raised a question about the impact of Article 13… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 3)
In my previous post, I introduced Article 10 of the Berne Convention. In this post, I want to focus on Article 9(2) of the Berne Convention which contains what has become known as the three step test. Article 9(2) of the Berne Convention provides that: “It shall be a matter for legislation in the countries… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 2)
I want to start a series of posts on the relationship between Article 10 of the Berne Convention and the ‘Three Step Test.’ The Berne Convention for the Protection of Literary and Artistic Works (simply known as the Berne Convention) is the first multilateral agreement on copyright and it has been revised a number of… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 1)
Last week, the Indian government released its much awaited National Intellectual Property Rights Policy. As stated in the document, the rationale behind the policy ‘lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.’ This rationale is clearly reflected in some of the objectives contained… Continue reading India’s Intellectual Property Policy and Human Rights
India’s patent regime is in the news again. This time, there have been reports that the Indian government has ‘privately assured’ the US-India Business Council (USIBC) that ‘ it would not use Compulsory Licenses for commercial purposes.’ To be sure, the Indian government, through its Ministry of Commerce and Industry, has issued a ‘clarification‘ to the… Continue reading Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue
It is no longer news that Nigeria is seeking to amend its copyright law. Nollywood, Nigeria’s popular film industry, however has some complaints with regard to the amendment of the Nigerian copyright law. According to an article dated 28 November 2015 and published in a Nigerian newspaper, Vanguard, Nollywood apparently has its own demands that it expects… Continue reading Nollywood’s Absurd Demand for a Constitutional Right to IP in Nigeria
In its implementation of the TRIPS Agreement, India incorporated a clever provision into its Patents Act. This clever provision, Section 3(d), is essentially aimed at preventing the grant of secondary patents on trivial modifications of existing drugs. This provision was relied upon by the Indian Supreme Court in 2013 to deny Novartis a patent on… Continue reading Will Section 3(d) Make India A Patent-Free Zone?
I think those who are examining the question of whether or not intellectual property is property may find this article by Julie E Cohen interesting. I will reproduce the abstract below and you can form your own conclusions after reading it. Property as Institutions for Resources: Lessons from and for IP The idea of property in… Continue reading Is Intellectual Property Really Property?
Earlier this week, another draft version of India’s National IPR Policy was leaked. The draft, dated 18 April 2015, was submitted by India’s ‘IPR Think Tank’. Some comments have been made on the draft (see here, here, and here). The first draft of the IPR policy prepared by the IPR Think Tank can be found… Continue reading That Leaked Draft National IPR Policy from India