Category Archives: COVID-19

Copyright COVID-19

Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians


A recent article by Paul Sullivan in the New York Times reported on an interesting change occurring in the music industry due to the pandemic. With live performances practically being shut down due to the pandemic, musicians across the world lost a significant portion of their income stream. While online streaming was expected to be a substitute, it turned out to be abysmally low [You can read about how much musicians make through streaming services here and here]. With this…


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COVID-19 Patent

After Natco’s Withdrawal, Bajaj Healthcare files for Compulsory License to Manufacture Baricitinib


A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides details of the circumstances surrounding it. Baricitinib, which is originally an arthritis drug, has more recently been used in combination with Remdesivir to treat Covid-19 patients for better results than what…


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Copyright COVID-19 Drug Regulation Overlaps in IP Patent Privacy Trademark

SpicyIP Weekly Review (June 28 – July 4)


Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon…


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COVID-19 Opportunities Others

Panel Discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ [June 23]


We’re pleased to inform you that MSF Access Campaign and the Third World Network is organizing a panel discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ on 23rd June, 2021 (tomorrow) from 4 pm to 5:30 pm (IST). For further details, please see the announcement below. Panel Discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ In the last few months,…


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COVID-19 Opportunities Trademark

Online Conclave on ‘Counterfeiting in Covid Times: Medicines, Medical Devices and Accessories’ [June 12]


We’re pleased to inform you that National Association to Stop Counterfeiting and Piracy (NASCAP) in Association with DPIIT IPR Chair, The WB National University of Juridical Sciences, Kolkata is organising an online conclave on ‘Counterfeiting in Covid Times’ with a focus on ‘Medicines, Medical Devices and Accessories’ on 12th June, 2021. For further details, please read the announcement below: Online Conclave Counterfeiting in Covid Times: Medicines, Medical Devices and Accessories 12th June 2021 (Saturday) | 6:00 – 7:30 PM (IST) Overview In…


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Copyright COVID-19 Design Opportunities Patent Trade Secret

Webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ [June 5]


We’re pleased to inform you that the People’s Health Movement (PHM) and the Third World Network (TWN) are organising a webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ on June 5, 2021. For further details, please see the announcement below. TRIPS Waiver: Update and Analysis of Recent Developments In the last one month we have seen some crucial developments with regard to TRIPS Waiver discussions at the World Trade Organisation (WTO). In early May, the United States government…


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COVID-19 Innovation Patent Trade Secret

Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer


[This post has been co-authored with Nikhil Purohit.] Recently, the Annual Special 301 Report on IP Protection (the ‘Report’) was released by the Office of the United States Trade Representative. In our earlier posts, we have discussed the US’s relaxed stance on compulsory licensing (here) and the India-specific copyright and enforcement related issues (here) as discussed in the Report. In continuation of the same, in this post, we shall analyse the discussion of three other key aspects in the Report: India-specific…


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Copyright COVID-19 Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (May 10 – 16)


Topical Highlight Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets In this post, I focus on the differential pricing of vaccines for Central and State Governments. I analyse the affidavit filed by the Central Government in the case titled, ‘In Re: Distribution of Essential Supplies and Services During Pandemic’. I highlight that currently, Serum Institute of India and Bharat Biotech are selling doses of Covishield and Covaxin to private…


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COVID-19 Data Exclusivity Patent Trade Secret

Compulsion for Compulsory Licenses for Covid Vaccines Climbs: But Are They the Cure?


On 11th May, it was reported that Kerala High Court has sought a response from the Central government on a PIL seeking direction to the government to invoke the compulsory license (CL) provisions for the COVID-19 vaccines. In the PIL, the Petitioner (Adv. Gopakumar GV) argues that in the present crisis resorting to CL will assist the nation to ramp up the quantity of vaccine output and thus overcome its scarcity. As reported before, the government is already facing a…


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COVID-19 Data Exclusivity Drug Regulation Innovation Overlaps in IP Trade Secret

Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets


A frontline worker setting fire to funeral pyres at a cremation site.

As news broke out on May 3, 20201 regarding the Indian Council of Medical Research (ICMR) earning royalties out of every dose of Covaxin sold, many were quick to chide the government for embarrassing itself by profiting off vaccines sold in its own country while seeking a waiver of all IPRs on patents, copyright, industrial design and undisclosed information pertaining to vaccines for Covid-19 (covered previously on the blog here, here and here) at the WTO. In this post, I focus on the differential…


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