Category Archives: Innovation

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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Copyright Innovation Others Patent Trademark

Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

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Pic of Shamnad Basheer

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14th, 2021 we announced the 2nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad‘s 45th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. This year, we received fewer…


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Copyright Innovation Patent

Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

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Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035. The Report does propose a bigger picture, but fails short of…


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Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

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In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions. The Report informs that these procedural changes are being suggested to bring in some flexibility in the Patents Act to ensure that the validity of patents is…


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Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

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As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. In an approach that seems to focus on the bigger picture while suggesting fairly pointed reforms, the Report misses both the trees and the forest. Some of the conspicuous issues with the Report have been covered by Dr. Scaria (here), Praharsh…


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Copyright Innovation

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back

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As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. Some of the glaring issues with the Report have been highlighted by Prof Scaria (here) and Praharsh (here). In the 6 odd pages devoted to the reform of the Copyright regime, a grand total of 5 statutory issues have been highlighted despite the…


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Copyright Geographical Indication Innovation Opportunities Patent Privacy Trade Secret Trademark

SpicyIP Weekly Review (July 5-11)

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Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…


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COVID-19 Innovation Patent Trade Secret

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

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[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)

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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 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

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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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