Category Archives: Others

Others

IP Reveries: Class 3: Parsing the P -‘Property’ of IPR


thaumatrope on "information economics" as one image, and "private property" as the second image

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For an introduction to this new IP Reveries series, please check the introduction…


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Others

IP Reveries: Class 2 (Part 2): Interrogating the I – ‘Intelligence’ in IPR


The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For an introduction to this new IP Reveries series, please check the introduction…


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Others

IP Reveries: Class 2 – Interrogating the I – ‘Intelligence’ in IPR (Part 1)


pic of 2 people standing on opposite ends of a number on the ground. One sees 6, the other sees 9.

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For an introduction to this new IP Reveries series, please check…


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Others

IP Reveries: Class 1 – IPR: A Tantalising Term or Troubling Terminology?


image of light bulb and question mark

IP Reveries: Class I – “IPR” – A Tantalising Term or Troubling Terminology? Swaraj Barooah & Lokesh Vyas The introduction to this new series is laid out in a previous blogpost here. If you haven’t already, please read that to help make sense of this new series! Fair warning, this introductory post is longer than usual but we hope it makes for some easy Sunday reading! (The first class after a very, very long pandemic break, set somewhere in the…


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Others

IP Reveries – An Introduction


Quote from Socrates "Let the questions be the curriculum"

Intellectual Property Rights – a fascinating ‘subject’ that inadvertently touches upon so many aspects of our day to day life, whether we’re conscious of it or not. A few decades ago, even most lawyers wouldn’t have been able to clearly explain what a patent is. Fast forward to today, and while there’s still plenty of misunderstanding – patents, copyrights, trademarks, inventions, innovations, 4th industrial revolution, etc have all become buzzwords! Simultaneously, the ever growing division between “pro-IP” and “anti-IP” people…


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Copyright Others

A (More!) Problematic Plagiarism: Thinking About The Allegations Against UGC


logo of UGC

We’re pleased to bring you a guest post by Lokesh Vyas thinking through the implications of ‘authoritative’ bodies engaging in plagiarism or lifting of content, as he looks at the recent allegations of plagiarism against the University Grants Commission. Lokesh is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), Arcadia Fellow at PIJIP, and Arodhum Scholar, 2021. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021. You can find his earlier…


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Others Trademark

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection


In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. While the case has been settled, it provides an interesting example of how the boundaries of trademark protection are often tested by claimants seeking the enforcement of their rights. Background The case…


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Others

South African Competition Commission on excessive pricing of breast cancer treatment drug


On 8 February 2022, the Competition Commission of South Africa filed a referral with the Competition Tribunal for prosecution of Roche on alleged excessive pricing of its breast cancer treatment drug, Trastuzumab. The Commission cited contravention of Section 8(1)(a) of the South African Competition Act. “8. Abuse of dominance prohibited (1) It is prohibited for a dominant firm to— (a) charge an excessive price to the detriment of consumers or customers; …… (2) If there is a prima facie case…


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Copyright Others

Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Analysis I


For summary of the case, click here. Section 33 and Business of granting licenses through Copyright Societies 33. Registration of Copyright society.— (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with…


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Copyright Others

Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law?


book cover of Dworkin's "Taking Rights Seriously"

Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India. The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post. He is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), InfoJustice Fellow…


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