Author name: Swaraj Paul Barooah

.

Oprah meme, with text "You get an interim, you get an interim, everyone gets an interim!"

Interim Injunctions: What’s the Damage? – A Summary

/ By / Patent

[This post has been co-authored with Praharsh Gour. His previous posts can be found here.] India’s tryst with interim injunctions in high tech patent disputes is a long, problematic one, as covered several times in this blog.  Despite all the issues pointed out, and despite courts stating that it should be used judiciously, it probably surprises few observers to see it being used too frequently. Over the course of this two part post, we will first try to provide an […]

Interim Injunctions: What’s the Damage? – A Summary Read More »

book cover of "to save everything click here"

Solutionism, Social Innovation and IP

/ By / Innovation

Back in 1970, Justice Stephen Breyer, (now of the US Supreme Court, then a professor at Harvard Law School), in contemplating the proposals to extend copyright terms, wrote an interesting article where he pointed out that the Copyright regime seemed to be based more on fear, than on fact (paywalled link). His conclusion regarding the copyright system, ended up echoing what the economist Fritz Machlup had famously said even earlier, in 1958, about the patent system – that if we

Solutionism, Social Innovation and IP Read More »

Nationalism, Drugs and Public Interest – Remdesivir and Beyond

/ By / COVID-19, Drug Regulation, Patent

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)

Nationalism, Drugs and Public Interest – Remdesivir and Beyond Read More »

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

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

/ By / Copyright, Others, Patent, Publication, Trademark

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

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

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.

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

/ By / Comparative Advertising, COVID-19, Trademark

[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

To Mock the Corona Word: Disparaging During the Time of Crisis Read More »

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

Staying the Post-Grant Revocation of Ibrutinib

/ By / Patent

[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

Staying the Post-Grant Revocation of Ibrutinib Read More »

Non-representation image

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

/ By / Innovation

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

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

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

Patents for Pharmaceutical Innovation – Basic Concerns

/ By / COVID-19, Data Exclusivity, Innovation, Patent

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

Patents for Pharmaceutical Innovation – Basic Concerns Read More »

Special 301

USTR Special 301 Review (2020) Submissions – Continued

/ By / Drug Regulation, Patent

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

USTR Special 301 Review (2020) Submissions – Continued Read More »

Corona covid 19

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

/ By / COVID-19, Data Exclusivity, Innovation, Others

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

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

Scroll to Top