Category Archives: COVID-19

COVID-19 Patent

WTO Decides on the Access to COVID-19 Vaccines: Is Late as Good as Never? 


A meme about UNO where in one picture the card says "Come up with a robust and prompt solution to the IP challenges during the Pandemic or draw 25" and in next picture the player is holding 25 cards.

[This post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is an attorney at IRA Law and a former Senior Resident Fellow at Vidhi. Rahul is a Rhodes Scholar (2018) and has worked as a law clerk for Justice D. Y Chandrachud (2020-21). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here. Views expressed in the post are personal] Since the TRIPS waiver was…


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COVID-19 Patent

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)


After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse)  Footnote 1: Defines ‘eligible Members’ to…


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COVID-19 Others Patent

Strong Statement by India at the 12th WTO Ministerial Conference


In an official statement at the 12th WTO Ministerial Conference, that was both blunt and sharply worded, India’s Union Minister Piyush Goyal quite openly called out the developed nations on at least three major points: 1) diluting the “TRIPS Waiver” to the extent that its little more than existing compulsory licensing provisions; 2) their delaying tactics over the waiver; and 3) as well as their attempt to portray themselves as caring for the developing world while actually hardly moving the…


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COVID-19 Patent Trade Secret

The Quad discussion group’s compromise falls short of a comprehensive TRIPS waiver


Text saying Compromise

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress. Roshan John brings us an interesting update from a closed-door discussion between EU, India, South Africa and the United States, based on some leaked text that appears to be a draft document outlining a potential compromise / way forward. Roshan is a lawyer and works on trade and intellectual…


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COVID-19 Patent

Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]


We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17] Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a…


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COVID-19 Event Innovation Patent

Conference: Intellectual Property, COVID-19, and the Next Pandemic: Diagnosing Problems, Developing Cures


poster for conference

We’re pleased to inform our readers of a very interesting looking international conference coming up in a few days, on Covid and IP protection. The conference is on 5th-6th November and it is free to attend. The registration page is here. As described by the organisers: The conference aims at sharing ideas on how we can use intellectual property as a tool for promoting not just innovation but also equitable distribution of life saving drugs in low and middle-income nations….


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COVID-19 Opportunities

International Webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ [October 18]


We’re pleased to inform you that the Centre for Health Law and Policy (CHLP), the Centre for Human Rights (CHR) and the Centre for Intellectual Property Rights (CIPR) under the aegis of the National University of Advanced Legal Studies (NUALS), in collaboration with the Prof. N R Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols (ICREP), CUSAT and the Kerala State Higher Education Council are conducting an international webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ on October…


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COVID-19

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


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)


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


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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