Category Archives: Innovation

Copyright Geographical Indication Innovation Others Patent Publication Trademark

SpicyIP Weekly Review (February 22 – 28)

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Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

A Draft “Open” IP Syllabus

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Image showing various 'Open' related logos, with text "IP Textbooks. It's always Open Access O'Clock. Download and Enjoy"

Despite the plethora of materials online, any student, researcher or professor would know that access to scholarly information is a lot more difficult than what it should be. Most of the time, if you’re serious about research, the ‘research’ journey is more about how many paywalls you can climb (legally or not so legally), as much as it is about how good the material you can find is. To get around this, many folks rely on plug-ins like UnPayWall and…


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Copyright Innovation Others

Draft Science, Technology and Innovation Policy Proposes Major Changes to India’s Open Access Culture

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[This post has been co-authored with Praharsh Gour] On 2/01/2021, the Ministry of Science and Technology rolled out the draft version of the proposed Science, Technology and Innovation Policy. The process to have a new policy, subsequent to the 2013 one, was in the works since May 2020 (see here for our coverage of the same). And after a claimed 4 track process of consultations and “nearly 300 rounds of consultations with more than 40,000 stakeholders well distributed in terms…


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Copyright Geographical Indication Innovation Others Patent Trade Secret Trademark

SpicyIP Weekly Review (December 7 – 13)

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Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…


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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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Copyright Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (November 16 – 22)

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Topical Highlight The Antitrust App Store Wars Come to India In this guest post, Dr Kathuria looks into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. He notes that the CCI has prima facie correctly identified the relevant market. He then notes that even if Google Pay were to be considered in compliance…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (October 26 – November 1)

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Topical Highlight Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights? In this post, Adyasha analyses the decision of the City Civil Court of Hyderabad against PepsiCo, ruling that Hyderabad-based Magfast Beverages enjoys prior user rights over ‘MOUNTAIN DEW’ (identical to PepsiCo’s mark for its citrus flavoured soda) for their packaged drinking water business. She first looks at the facts, and the history of both business’ use of these marks in detail, as well as previous…


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Innovation Patent

Critiquing Prizes as an Alternative Mechanism for Promoting Innovation

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We’re pleased to bring to you a guest post by Avani Bagaria, analysing the benefits and pitfalls of using prizes as an alternative to patents for incentivsing innovation. Avani is a 5th year student at Jindal Global Law School, Sonipat. Critiquing Prizes as an Alternative Mechanism for Promoting Innovation  Avani Bagaria Introduction Under the prize mechanism for encouraging innovation, the inventors are awarded through the means of cash prizes rather than granting a monopoly over the usage of their invention…


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Competition Law Copyright Innovation Trade Secret

Non-Personal Data Governance Framework and Intellectual Property Implications

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The Committee of Experts on Non-Personal Data (NPD) Governance Framework, constituted by the Ministry of Electronics and Information Technology released its Report on July 12, 2020. The Report purports to be a framework for governance of NPD, meant to grant access to NPD to industry players and the government for overarching public purposes. In order to increase the competitiveness of local and small enterprises and spur innovation, the Report is aimed at mandatory sharing of data to create economic advantages…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)

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Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


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