Should the Government Censor Internet Content During Riots/Protests?

During riots, protests and times of unrest, governments around the world censor content on the internet. Common victims of such censorship are political blogs, videos and social media websites. This censorship is premised on the assumption that the internet can be used as a tool for furtherance of the unrest. It allows for dissemination of rumours,…

Can Software Obtain Patent Protection?

Question by Kunal Bajpai Jurisdiction – India, USA, Australia India Software per se cannot be patented in India. Software used in combination with hardware, however, can be granted patent protection. A computer programme is defined as a set of instructions expressed in words, codes, schemes or in any other form which can cause a computer…

What is Chilling Effect?

Jurisdiction – USA, India Chilling effect is a phenomenon whereby legitimate exercise of rights – commonly free speech – is discouraged due to the threat of legal action.[1] The Effect leads to indirect censorship by restricting freedom of expression even before the legality of the content has been determined. For instance, user ‘A’ puts up the…

What is the Legal Liability of a Ghost Writer?

Question by Sushrut Karmarkar, Purdue University. Jurisdiction – India, USA A ghost writer is a person who has written a work on behalf of someone else without getting credit for the work.[1] The person for whom the work is written and is given credit is the “guest author” while the ghost writer remains anonymous. Ghost…

What is Bolar Exemption?

Jurisdiction – India, USA, Canada Bolar Exemption is a defence against infringement that allows third parties to use patented inventions (drugs, commonly) to generate data for obtaining regulatory approval from the relevant agency. This is also known as the “research exception.” The Exemption allows generic drug manufacturers to conduct trials and test manufacturing and delivery…

Can the Government use a patent without permission from the patentee?

Jurisdiction – India and USA Position in India Yes, there are two circumstances in which the Government can use a patent without permission by the Government – Merely of its own use under section 47; or For purposes of Government under section 100 read with section 99. Merely of its Own Use – section 47…