Category Archives: COVID-19

COVID-19 Innovation Patent

COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access

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The race to develop vaccines for COVID-19 has edged closer to its finishing line with at least three candidates announcing positive results from their vaccine trials. While this may appear to be the light at the end of the tunnel, the focus now shifts towards equally challenging issues of availability, accessibility, and affordability of vaccines. In this post, I discuss the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals…


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COVID-19 Patent

Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy

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In a very notable recent order, AstraZeneca was denied an interim injunction by the Delhi High Court against Intas Pharmaceuticals and Alkem Laboratories (Defendants) in a case relating to the manufacture of anti-diabetic drug Dapagliflozin, which allegedly infringed AstraZeneca’s patents IN 205147 (IN ‘147) as well as IN 235625 (IN ‘625). The order has revealed what could turn out to be a case of double-patenting that has escaped scrutiny for 17 years! It also explores important questions regarding coverage-disclosure dichotomy…


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COVID-19 Trademark

Trademark Trolls: Perspectives, Pitfalls and the Way Forward

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We’re pleased to bring to you a guest post by Manvee Kumar Saidha, analysing the effect of ‘first to use’ and ‘first to file’ regimes on trademark trolling, in light of the attention that the the recent Sony PS5 case has drawn towards the possibility of such trolling becoming a menace in India. Manvee is a 4th year law student at School of Law, Christ University, Bangalore. Trademark Trolls: Perspectives, Pitfalls and the Way Forward Manvee Kumar Saidha Trolls – a…


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Copyright COVID-19 Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

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In the first part of the post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina, Tunisia,…


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Copyright COVID-19 Overlaps in IP Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I

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On 2nd October, 2020, India and South Africa issued a joint statement before the WTO TRIPS Council, with a request to waive “the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19.” This waiver, annexed with a draft decision for the WTO General Council, was requested to ensure that IPRs do not encumber the access to affordable medicines or R&D, manufacturing and…


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COVID-19 Patent

The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic?

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Meme frowning at the statement "Patent Rights devoid of socio-economic context", and smiling at the line "Patent rights part of social-bargain with public"

[This post was co-authored by Varsha Jhavar and myself. Varsha is a 5th year student at Hidayatullah National Law University, Raipur. She recently won the second prize for 1st Shamnad Basheer Essay Competition on IP Law that was conducted by us earlier this year. She has also guest blogged for us earlier here.] On December 24th, 2019, the Delhi High Court had granted an ad-interim injunction in favour of Bristol Myers Squibb Holdings Ireland (BMS) for the infringement of patent number 247381 associated with…


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Copyright COVID-19

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films?

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We’re pleased to bring to you a guest post by Tanvi Sehgal, discussing the impact of the Covid-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings and proposing an amendment to the cinema hall exception to the provision on mandatory royalty sharing under the Copyright Act in light of this shift. Tanvi is a guest faculty at the Faculty of Law, Delhi University, where she recently submitted her PhD thesis titled ‘Revisiting…


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COVID-19 Trademark

Fluid Trademarks: A Prologue to Trademark Law Going Awry?

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We’re pleased to bring to you a guest post by Anshuman Sahoo, arguing that legal recognition of fluid trademarks (which are popularly being used in the context of the ongoing Covid-19 pandemic) is a step in the wrong direction considering the economic rationale behind trademark law. Anshuman is a second-year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. This post is a follow on to a guest post published on the blog last month, which discussed the application…


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COVID-19 Trademark

Fluid Trademarks: An Alter Ego for Brands?

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We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the ongoing Covid-19 pandemic. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Her previous guest post on the blog can be viewed here. Fluid Trademarks: An Alter Ego for Brands? Devangini Rai As has typically been…


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COVID-19 Trademark

Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet

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The Hon’ble Madras High Court has passed a detailed order on merits injuncting Patanjali from using the trademark ‘Coronil’. The order I daresay is one of the most elaborate and lucid orders in recent times from the High Court touching on the interpretation of the Trade Marks Act, especially Section 29(4). The breadth of resources relied upon, several of which appear to be the Judge’s own efforts definitely makes this judgment worthy of a patient read.  This remarkable judgment is…


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