Swaraj Paul Barooah


COVID-19 Drug Regulation Patent

Nationalism, Drugs and Public Interest – Remdesivir and beyond

A few days ago, the US Department of Health and Human Services (HHS) announced that their President has struck an ‘amazing deal’ with Gilead, that ensured nearly all of Gilead’s projected production of Remdesivir for the next three months are secured by the US. “Nearly all” in this case, refers to 100% of Gilead’s projected production of Remdesivir for July, and 90% of the projected production for August and September. This is after US has already kept about 60% (940,000)…

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Copyright Others Patent Publication Trademark

Open Access IP Textbooks – or – Mythical IP Books and Where to Find Them

Image showing various 'Open' related logos, with text "IP Textbooks. It's always Open Access O'Clock. Download and Enjoy"

Despite the high educational value that exists when tomes of writing are dedicated to very specific areas, textbooks are often no longer treated like the powerhouses of knowledge that they were once known to be. Especially given the plethora of other mediums over which that knowledge is now available – journal articles, niche websites, blogs, podcasts, online forums, social media, etc. The reasons for this are of course varied. In a fast evolving field like intellectual property, classic textbooks may…

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Comparative Advertising COVID-19 Trademark

To Mock the Corona Word: Disparaging During the Time of Crisis

a “Corona Extra'' labelled bottle is in the middle of eight circumscribing small bottles of another product, with arrows emitting from the Corona Extra labelled bottle and words “Stay home” inscribed below. In fact, in the ‘advertisement’, the defendants products are not even distinguishable as belonging to the defendant.

[This post has been co-authored with Praharsh Gour. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at the Faculty of Legal Studies, South Asian University, New Delhi] You know you are in for a roller-coaster ride when the name of your 95 year old brand resembles the ongoing pandemic. The recent Covid-19 outbreak has perhaps left the famous beer brand ‘Corona’ swinging like a pendulum between two wildly varying image issues. On…

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Staying the Post-Grant Revocation of Ibrutinib

Pic of text saying "Should I stay or should i go"

[This post was co-authored with Praharsh Gour. Praharsh is a graduate from Hidayatullah National Law University, Raipur and has previously worked with an IP firm, practicing in New Delhi. He is presently an LL.M candidate at the Faculty of Legal Studies, South Asian University, New Delhi] A recent IPAB order has resulted in a revoked patent over an anti-cancer drug Ibrutinib, being granted a curious new lease of life for the duration of on-going litigation before itself. This post will…

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Consultation Process for New Science, Technology and Innovation Policy 2020 Begins – How to Contribute?

Non-representation image

The Ministry of Science and Technology recently announced the initiation of the consultation process for the new Science, Technology and Innovation Policy 2020. Notably, the consultation process which started recently, seems to be very inclusive as it is described (more on that below). For those interested, there is a virtual town hall meeting, as the launch event for public consultations, happening later today, from 6:30 pm to 8:00 pm IST – more details here. Reproducing the PIB notification: “The Office…

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COVID-19 Data Exclusivity Innovation Patent

Patents for Pharmaceutical Innovation – Basic Concerns

Comparison of BRICS countries Public Health spending. Please contact author if you want breakdown of details

Covid 19 seems to have done what public health activists have been crying hoarse about for years – that is, shine a bright spotlight on the various inadequacies of the public health systems around the world, and its related issues. With several public calls for letting patent rights on pharmaceuticals take a back seat vis-a-vis this pandemic, this bright spotlight has also shone on those who’ve been lobbying for ever-restrictive patent rights on pharmaceuticals. For example, as KEI has pointed…

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Drug Regulation Patent

USTR Special 301 Review (2020) Submissions – Continued

Special 301

As readers may know, the Special 301 Review is an effort by the US Trade Representative (USTR) to identify countries whose IP regimes are not conducive to US persons’ IP interests, with the stated goal of increasing bilateral attention on ‘problem areas’. This has most frequently been done through the threat of unilateral sanctions (see our posts on earlier editions of the Special 301 review here). This year’s report has come out as well – with India once again being…

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Copyright COVID-19 Data Exclusivity Innovation Others Patent

Corona and IP – Looking for the Right(s) Answers

Corona covid 19

The Covid 19 pandemic has now changed the way most of us are going about our day to day lives. In India, we are now on day 2 of our 21 day nation wide lock-down. In the midst of all that is going on now, Intellectual Property enthusiasts with a keen eye, would have noticed several IP related issues that have been cropping up, even if relatively under-discussed. For this current post, I thought I would do a round-up of…

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COVID-19 Others

[Updated] COVID-19 Related Adjournments at Indian Patent Office, IPAB

Japanese light signs for proceed, caution, stop

[Further related adjournments have been updated on this page. If readers know of other adjournments that are not listed here, we request you to mention them in the comments below. The edits that have been included since the first posting of this include: Final Edit: 26/03/20:  Cancellation of hearings in Patent Office amid COVID19: See here All IP Offices to remain closed for 21 days:See here Last date to Register for Patent Agent Exam-2020 Extended to 15.04.2020 : See here…

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COVID-19 Data Exclusivity Patent

Patent Politics in the Time of Corona

3D medical depiction of coronavirus

The new coronavirus threat/scare seems to be increasing with every passing day. At the time of writing this, it is reported that there are 138,941 cases (of which 80,815 are in China), of which 70,727 have recovered, 57,317 in mild condition, 5,786 are serious, and 5,111 have died. India has 81 cases of which 4 have recovered and 1 person has died. The new Coronavirus, or COVID 19 as it is technically known is, is now the 7th known coronavirus (other…

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