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Showing posts from May, 2015

ALUMNI at ELDF

It was great experience of working on 'Indo-Nepal Treaty on River Kosi and Legal and Policy issues of Kosi Beach', under Senior Advocate Sanjay Upadhyay, Supreme Court of India. Intern Enviro legal Defense Firm, India first Environment law firm, (May-June, 2009)

Visit: Environment Law and Development Foundation

Free-riding on the repute of trademarks – Does protection generate innovation?

On April 9-11, 2015, we had the opportunity to participate in the 16th EIPIN Congress held at the European Patent Office and at the Max Plank Institute for Innovation and Competition. On the second day of the Congress, we had a module on ‘The Need to Limit the Scope of Intellectual Property’ where we had the pleasure of listening to Prof. Ansgar Ohly.

The speaker began the session by explaining how innovation is normally associated with patents – which create a financial motivation for invention in return for the disclosure of the invention to the public[1] – and copyright – by promoting creativity through the attribution of exclusive rights to creators. It is not the case with trademarks, whose rationale is more connected with the protection of consumers by capacitating them to make informed decisions in the marketplace.

Free-riding

The term ‘free riding’ is often described as one of the component of unfair competition. According to the World Intellectual Property Organization (WIPO)…