Category Archives: COVID-19

Copyright COVID-19

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


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?


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?


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


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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COVID-19 Patent

Should India Invoke Section 157A of Patents Act in the Context of Covid-19?


Shirin Syed profile pic

 We’re pleased to bring to you a guest post by Shirin Syed, looking at the potential application of Article 73(b) of WTO TRIPS / Section 157A of the Indian Patents Act in the context of Covid-19. Shirin is an IP researcher and scholarship awardee from Texas A&M University, School of Law, USA for the fall of 2020. Should India Invoke Section 157A of Patents Act in the Context of Covid-19? Shirin Syed In response to the COVID-19 pandemic as a…


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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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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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Copyright COVID-19

Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums?


Telegram, a widely used instant messaging platform, is in a copyright soup before the Delhi High Court, concerning the circulation of ‘e-papers’ or digital versions of newspapers, through open Telegram Channels, a group messaging feature available on the app. In an order dated May 29, 2020, Justice Mukta Gupta issued an ad-interim injunction directing Telegram to provide information about the subscribers or ‘owners’ of certain Telegram Channels allegedly circulating online versions of Dainik Jagran, a Hindi daily. Further, Telegram was…


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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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Copyright COVID-19

Real-Time Piracy Concerns Emerge as Live Music Streaming Goes Mainstream in Wake of COVID-19


We’re glad to bring to you a guest post by Simrat Kaur, discussing the piracy challenges that may emerge with live music streaming becoming a norm in the wake of the COVID-19 pandemic. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law…


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