Lokesh Vyas

Lokesh graduated from the Institute of Law Nirma University (2021 batch) and won the first edition of the Shamnad Basheer Essay Competition, 2020. He is currently pursuing an LLM from the American University Washington College of Law and working as a researcher at the Program on Information Justice and Intellectual Property (PIJIP). He is a recipient of the Arcadia Fellowship and Arodhum Scholarship.

Others

Kerala High Court on Publishing Judgments and Right to be Forgotten: Some Points to Ponder Upon

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While remembrance often occupies a higher pedestal in our social setting, forgetting has its own charm! There is a reason muscle memory is often linked to remembering when forgetting may also require an active action! Why all this philosophical fodder suddenly on an IP blog …  Well … there’s a (new?) right in the town called the right to be forgotten (“RTBF”), an antipode of the right to know (or a right to remember, by a logical extension?) which is…


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Drug Regulation Trade Secret

IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System

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Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2) sieves through the Indian drug regulation system, which has attracted much attention in the last few months. For the previous class, please go here. And if this is your first time coming across the IP Reveries series, you can see what it is about as well as get links to our previous classes in the…


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Patent

SpicyIP Tidbits: IPO deals with formalities and reasons!

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We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue, and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order. The Delhi High Court, in Art Screw Co., Ltd. vs The Assistant…


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Trademark

SITARA-D & SITARED are Not Similar, says the Delhi High Court: What about Consumers, Confusions, & Contradictions?

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This post is co-authored with Praharsh Gour. Trade mark rights are to protect both mark owners against the unauthorised use of their marks and the public from being confused about the source of the goods. In the case of pharmaceutical products, the equation changes substantially, and the prevention of confusion becomes more significant, given its disastrous implications for the consuming public. Aparajita recently wrote a thoughtful post on this issue. The present post brings a similar instance: Sun Pharma Laboratories…


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Copyright

‘Certificate of Registration’ Equals ‘License from Registrar’: Looking at Gujarat High Court’s Infringement Equation

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Copyright registration is not mandatory in India. However, one may register the same and it would be prima facie evidence of the registered details therein. But if a registered copyright is alleged of copyright infringement, can the “voluntary registration” come to its rescue? As per a recent order of the Gujarat High Court in Maheshbhai @ Kanbhai Haribhai Sojitra v/s State Of Gujarat, the answer is yes. This post examines this order and highlights certain anomalies that lie within or…


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Copyright

Taking IP “Rights” Too Seriously – A Look Through History

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In his independence day speech, the Indian P.M. Modi urged people to focus more on ‘duties’. Earlier, he said that a focus on “rights” has made India weak. Previously, President Droupadi Murmu also spoke of duties and Justice N.V. Ramana highlighted the importance of knowing our constitutional rights and duties. While I may share some sentiments with this ‘right-duty’ talk, such focus on rights-duties language makes me wonder if we are becoming dependent on “Right” in the sense of ‘right-izing’…


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