Privacy

Walking the Tightrope of the Right to be Forgotten: Analysing the Delhi HC’s Recent Order

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We’re pleased to bring to you a guest post by Sriya Sridhar, analysing an interim order recently issued by the Delhi High Court discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Walking the Tightrope…


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Opportunities

Announcing the 2nd Shamnad Basheer Essay Competition on Intellectual Property Law

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On the occasion of our founder Prof. (Dr.) Shamnad Basheer’s 45th birth anniversary today, we at SpicyIP are proud to announce the second edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We’d started this competition last year to celebrate his memory and his legacy of outstanding scholarship. The response to the competition was overwhelming – we received a total of 89 entries from law students across India on an impressive range of topics. The competition was judged…


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COVID-19 Data Exclusivity Patent Trade Secret

Compulsion for Compulsory Licenses for Covid Vaccines Climbs: But Are They the Cure?

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On 11th May, it was reported that Kerala High Court has sought a response from the Central government on a PIL seeking direction to the government to invoke the compulsory license (CL) provisions for the COVID-19 vaccines. In the PIL, the Petitioner (Adv. Gopakumar GV) argues that in the present crisis resorting to CL will assist the nation to ramp up the quantity of vaccine output and thus overcome its scarcity. As reported before, the government is already facing a…


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Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part II)

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We’re pleased to bring to you a two-part guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder member of the Fair…


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Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part I)

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital in a SEP patent infringement dispute with Xiaomi. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also…


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Copyright Overlaps in IP Trademark

Special 301 Report 2021: Copyrights, Enforcement, and the Same Old Complaints

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The Office of the United States Trade Representative (‘USTR’) recently released its Annual Special 301 Report on Intellectual Property Protection (‘Report’). To borrow Swaraj’s description of an earlier Report, the Special 301 Report “is a unilateral measure taken by the USTR which essentially ranks countries according to how much the US appreciates their IP regimes, and this is used as a kind of [political] ‘shaming’ mechanism to coerce countries into ‘strengthening’ their IP regimes to match the TRIPS-plus standards that…


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COVID-19 Data Exclusivity Drug Regulation Innovation Overlaps in IP Trade Secret

Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets

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A frontline worker setting fire to funeral pyres at a cremation site.

As news broke out on May 3, 20201 regarding the Indian Council of Medical Research (ICMR) earning royalties out of every dose of Covaxin sold, many were quick to chide the government for embarrassing itself by profiting off vaccines sold in its own country while seeking a waiver of all IPRs on patents, copyright, industrial design and undisclosed information pertaining to vaccines for Covid-19 (covered previously on the blog here, here and here) at the WTO. In this post, I focus on the differential…


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COVID-19 Innovation Patent

Special 301 Report 2021: US’s Great U-turn on Compulsory Licensing

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Lost in the shadow of the US’s historic change of position on Waiver of IP rights in Covid-19 vaccines, the USTR’s latest Annual Special 301 Report has its own share of surprises to offer. The Report, as is known, is a much criticized annual exercise in ‘calling out’ countries for adopting IP policies that the US does not approve of – regardless of the fact that they’re made by sovereign nations to suit their own local realities. India, which enjoys…


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COVID-19 Patent

Centre Sees No Compulsion to Issue Compulsory Licenses for Covid Drugs

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May 2021 has been an interesting month so far for compulsory licenses. First the Supreme Court inquired about the Government’s position on issuing CLs for COVID-19 related drugs and vaccines, then Natco filed an application requesting a compulsory license for Baricitinib. This is followed by Delhi HC’s interim order, where it too hinted that the Central government could explore the alternative of compulsory licensing. Even on the international front, one of the major opponents of the compulsory license mechanism- the…


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Copyright Patent Trademark

SpicyIP Weekly Review (May 3 – 9)

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Topical Highlights Natco Files Compulsory Licence Application for Covid Drug Baricitinib? Swaraj wrote about Natco’s application for a compulsory license to manufacture the drug Baricitinib. He reports that the application points to studies showing that Baricitinib in combination with Remdesivir is more effective for patients with Covid 19, as compared to Remdesivir alone, with possibly less side effects as well. The drug is currently not manufactured in India, and less than 9000 tablets were imported in 2019 and 2020, with…


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