Category Archives: COVID-19

COVID-19

High-Level Dialogue—TRIPS Waiver: Challenges & Opportunities? [September 13]

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We are pleased to inform you that a high-level dialogue to discuss the challenges and opportunities concerning the TRIPS Waiver with intellectual property experts, a nobel laureate, a member of the European Parliament, and a US Congressman is being organised on 13th September, 2021 from 6:45 PM to 08:00 PM Indian Standard Time. For further details, please read the announcement below. High-Level Dialogue—TRIPS Waiver: Challenges & Opportunities? With 4.6 million deaths officially reported, evidence suggests that the death toll is…


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Copyright COVID-19 Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (August 23 – 29)

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Topical Highlight Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off In this guest post, Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s copyright and registered trademark by thrusting its deceptively similar goods and flooding the…


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COVID-19 Trademark

Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off

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An image of a packet containing Cipla's Duolin Repsule

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off Kedar Ganesh Dhargalkar In the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., the ever-evolving path of trademark jurisprudence witnessed a modernistic turn, which put its discourse on an intriguing juristic boulevard. This…


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Copyright COVID-19 Drug Regulation Patent Privacy Trademark

SpicyIP Weekly Review (August 9 – 15)

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Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as…


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Copyright COVID-19

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

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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

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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)

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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]

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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]

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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]

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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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