2021

SpicyIP Weekly Review (March 29 – April 4)

/ By / Copyright, Drug Regulation, Innovation, Patent, Trademark

Topical Highlight Intellectual Property Rights in Covaxin – Part 2 (IP Ownership in Publicly Funded Research) In Part II of this post, Anupriya and Swaraj analyse the broader issue of IP ownership in outcomes of publicly funded research. They note that the government’s retention of IPR in Covaxin and the novel mRNA vaccine in the pipeline, would enable it to be in a position to share them with the rest of the developing world. They examine the patchwork of rules, […]

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Non-Fungible Tokens (NFT) Sales and Copyright Assignment: Part II (Some Issues for Discussion)

/ By / Copyright, Others

In Part I, I briefly introduced NFTs, how they operate and why they are being hailed by content creators in the digital space. I had postulated that the NFT sale may just be the sale of the original/authentic copy of the work, or attached with a copyright license, or even an assignment, depending on the contractual terms. I had surmised that it would most likely not have any copyright license or assignment, based on a few contracts I could locate

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Non-Fungible Tokens (NFT) Sales and Copyright Assignment: Part I (The Contract is the Key)

/ By / Copyright, Others

(Editor’s note: If readers are unfamiliar with what Non-Fungible Tokens (NFTs) are and would like an explainer, you can refer to our earlier post by Awani Kelkar here. Adarsh’s two-part post goes on to do a deep dive including into some of the questions raised there.) NFTs have been all the rage quite recently, and many would have come across the articles on some NFTs being been sold for huge money by way of auction (here, here). But what does

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Non-Fungible Tokens (NFTs) and Copyright Law: A “Nifty” Dilemma

/ By / Copyright, Others

Techno-friendly readers may have noticed that there is a sudden surge of interest in Non-Fungible Tokens (NFTs) across the internet and may have even purchased some for themselves. Some more luddite readers like myself may have still been grappling with this ‘blockchain thing’, and now find ourselves needing to know about NFTs as well! What exactly are they? Why the sudden interest in them? What implications do they have, especially on copyright law? Well, we’re pleased to bring our readers

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Copyright Rules Amendment 2021: Appellate Board, Copyright Societies, and More

/ By / Copyright

The Central Government recently notified the Copyright (Amendment) Rules, 2021 (the ‘amendments’) on March 30, amending the Copyright Rules, 2013. Notably, around 2 years back, on May 30, 2019, a draft of these amendments was released for public comments. The amendments build upon this draft and reflect some similar changes as the draft, but at the same time they differ from the draft in several substantive aspects. In this post, I shall highlight the key implications of the 2021 amendments

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European Decision on Patentability of Simulations and Implications for India

/ By / Patent

We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing a recent decision by the Enlarged Board of Appeals at the European Patent Office on patentability of simulations and its implications for Indian patent law. 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

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Intellectual Property Rights in Covaxin – Part 3 (IP Rights over Clinical Drug Trials (CT) Data)

/ By / COVID-19, Data Exclusivity, Drug Regulation, Innovation, Patent, Trade Secret

In Part I of this post, Anik and I argued that the government should waive the IPR in Covaxin in order to ensure that the vaccine can be rapidly accessed by the public. In Part II of this post, Swaraj and I explored the broader issue of IP ownership in outcomes of publicly funded research. In Part III, I analyse the opacity surrounding the clinical trial data generated during the Covaxin trial, which has not been publicly shared on grounds

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Bombay HC Rejects Mandatory Copyright Registration: Is it time to Reconsider Automatic Protection?

/ By / Copyright

Earlier this month, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. Seemingly a statement of the obvious, this decision by Justice GS Patel corrects a nine-year old blunder by a coordinate bench of the same court in Dhiraj Dewani v. Sonal Infosystems that had refused relief due to the absence of registration. As Rahul Bajaj explains here, the court in the said case had taken it upon itself to

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Intellectual Property Rights in Covaxin – Part 2 (IP Ownership in Publicly Funded Research)

/ By / COVID-19, Drug Regulation, Others, Overlaps in IP, Patent, Trade Secret

This post was coauthored by Swaraj Paul Barooah and myself. In part I of this post, Anik and I argued that the government should waive the IPR in Covaxin in order to ensure that the vaccine can be rapidly accessed by the public. In Part II of this post, Swaraj and I analyse the broader issue of IP ownership in outcomes of publicly funded research. Part III explores opacity surrounding the clinical trial data generated during the Covaxin trial, which

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pic of the word arbitration on a keyboard

Why the Case of Hero Electric vs. Lectro E-Mobility Actually Demystifies the Arbitrability of IP Disputes

/ By / Trademark

Last week we had a guest post by Lokesh Vyas that looked into the case of Hero Electrics v Lectro E-Mobility, wherein the order, holding the dispute to be arbitrable, was critiqued for inadequately clarifying the difference between IP disputes that can be arbitrated versus those that cannot. We’re pleased to bring our readers another guest post today that responds to Lokesh’s post. Today’s post, by Ajeeth Srinivas. K and Ishika Ray Chaudhuri, disagrees with the earlier critique, and argues

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