2021

Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

/ By / Copyright, Innovation, Patent

Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035. The Report does propose a bigger picture, but fails short of […]

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SpicyIP Weekly Review (August 2 – 8)

/ By / Copyright, Opportunities, Others, Patent, Privacy

Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he

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Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]

/ By / Opportunities, Others, Publication

We’re pleased to inform you that the National Law Institute University (NLIU), Bhopal has recently established the International Trade Law Journal and is inviting abstracts for papers for the inaugural issue of the same. For further details, please read the post below. Call for Papers: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31] About the Journal The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions

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Dapagliflozin Patent Receives Another Blow: Same Old Coverage-Disclosure Story

/ By / Patent

Last month, the Delhi HC refused to interfere with two orders by Shakdher J. and Gupta J. denying injunctions to AstraZeneca against 9 generic drugmakers manufacturing its anti-diabetic drug Dapagliflozin. While the issues and arguments are largely the same as the earlier order I discussed in November, the court has made some interesting observations about the nature of a patentee’s exclusive right. An important point the court made was to reprimand the appellants for bringing two different sets of suits

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Madras HC on the Right to be Forgotten: A Welcome Development? (Part II)

/ By / Privacy

We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law.  Part I of the post can be viewed here. Madras HC on the Right to

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Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)

/ By / Privacy

We are pleased to bring you a two-part guest post by Sriya Sridhar, analysing the judgement passed by the Madras High Court today in a case where the petitioner seeks his name to be redacted from a judgment in a case where he was ultimately acquitted. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Madras HC on the Right to be Forgotten: A Welcome Development? (Part I) Sriya Sridhar

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SpicyIP Weekly Review (July 26 – August 1)

/ By / Copyright, Others, Patent, Trademark

Topical Highlight A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System In a guest post, Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. He notes the list of recommendations in the Report while highlighting the pro-industry nature of the same. The post focuses on three methodological flaws in the Report. Dr. Scaria points out that the Report lacks focused questions of enquiry

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Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

/ By / Innovation, Patent

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions. The Report informs that these procedural changes are being suggested to bring in some flexibility in the Patents Act to ensure that the validity of patents is

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Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

/ By / Innovation, Patent

As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. In an approach that seems to focus on the bigger picture while suggesting fairly pointed reforms, the Report misses both the trees and the forest. Some of the conspicuous issues with the Report have been covered by Dr. Scaria (here), Praharsh

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Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back

/ By / Copyright, Innovation

As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. Some of the glaring issues with the Report have been highlighted by Prof Scaria (here) and Praharsh (here). In the 6 odd pages devoted to the reform of the Copyright regime, a grand total of 5 statutory issues have been highlighted despite the

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