Biological Diversity

A Look Back at India’s Top IP Developments of 2023

/ By / Biological Diversity, Competition Law, Copyright, COVID-19, Geographical Indication, Others, Patent, Trademark, Traditional Knowledge

[This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah].  As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. And as we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) […]

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SpicyIP Weekly Review (July 24 – July 30)

/ By / Biological Diversity, Competition Law, Copyright, Design, Opportunities, Patent, Trademark

Last week saw some pretty interesting discussions on the blog.  Detailed posts analysing the recently-pronounced landmark judgements in Ericsson v CCI and Krishna Kishore Singh v. Sarla & Others were published along with a quick post on DPIIT’s notice over collection of royalties by copyright societies.  This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Highlights of The Week SpicyIP Tidbit: The

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SpicyIP Weekly Review (April 10- April 16)

/ By / Biological Diversity, Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 9 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application

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Where to lean on?  The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases?

/ By / Biological Diversity, Traditional Knowledge

[This post has been authored by Alphonsa Jojan. Alphonsa is currently pursuing her PhD in Law from the University of Newcastle, Australia.  She has a deep research interest in environmental law and policy. She has previously authored guest posts for us here and here.]  In light of the upcoming Diplomatic Conference on Intellectual Property, Genetic Resource and Traditional Knowledge, Prashant recently made some strong comments on the working of India’s Biological Diversity Act, stating that there are many lessons that the

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SpicyIP Weekly Review (March 6- March 11)

/ By / Biological Diversity, Copyright, COVID-19, Drug Regulation, Geographical Indication, Patent, Trademark

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with

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Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy

/ By / Biological Diversity

In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. As our regular readers would know, Prashant has been one of our most prolific bloggers and his

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Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing [October 4-7]

/ By / Biological Diversity, Opportunities

We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing” from October 4-7 2021. For further details, please read the announcement below. Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing The four-day webinar aims to sensitise the legal fraternity about the challenges posed

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SpicyIP Weekly Review (January 4 – 10)

/ By / Biological Diversity, Copyright, Geographical Indication, Others, Patent, Trademark

Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various

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National Biodiversity Authority Imposing Upfront Monetary Payment as Benefit Sharing for Research

/ By / Biological Diversity

There has been a recent development in the context of the Biological Diversity Act, 2002 (‘BDA’), which I thought was interesting to share and discuss on the blog. Back in 2018, the Central Government issued the direction to the National Biodiversity Authority (‘NBA’) purportedly under Section 48 of the BDA. According to this office memorandum (followed by another) a kind of immunity deal was provided for persons who had committed any acts without the required approval from the authorities under

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SpicyIP Weekly Review (November 30- December 6)

/ By / Biological Diversity, Copyright, Design, Others, Patent, Privacy, Trademark

Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then

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