Category Archives: Others

Copyright COVID-19 Others Patent Trademark

SpicyIP Weekly Review (May 31 – June 6)


Topical Highlight Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic? In this guest post, Devangini responds to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. She first summarises the history of the case, the arguments, and the court’s holding. She critiques the court’s reliance on the Delhi High Court case of Marico v. Agrotech to deny the plaintiff’s claim on two…


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Others Patent

NLSIU Announces Thakur Foundation PhD Scholarships in Public Health & the Law


We’re pleased to inform you that the National Law School of India University (NLSIU), Bangalore has announced two PhD scholarships on public health and the law, supported by the Thakur Foundation. For details, please see the announcement below. NLSIU announces the Thakur Foundation PhD Scholarships in Public Health & the Law National Law School of India University is delighted to announce a new doctoral scholarship programme, the Thakur Foundation Scholarships in Public Health & the Law. The programme is supported…


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Others Sponsored

[Sponsored] Seeing It Through: The Journey of the Dean of UNH Franklin Pierce School of Law


We’re pleased to bring to you this post by UNH Franklin Pierce School of Law, sharing a glimpse of the educational and professional journey of its dean Megan Carpenter and what she views as the future of UNH Franklin Pierce’s law programs. Seeing It Through Dean Megan Carpenter has relished the chance to build on UNH Franklin Pierce’s innovative programs in IP law. Early in her career working for a big law firm, Megan Carpenter found herself representing the intellectual…


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Copyright Others

Non-Fungible Tokens (NFT) Sales and Copyright Assignment: Part II (Some Issues for Discussion)


In Part I, I briefly introduced NFTs, how they operate and why they are being hailed by content creators in the digital space. I had postulated that the NFT sale may just be the sale of the original/authentic copy of the work, or attached with a copyright license, or even an assignment, depending on the contractual terms. I had surmised that it would most likely not have any copyright license or assignment, based on a few contracts I could locate…


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Copyright Others

Non-Fungible Tokens (NFT) Sales and Copyright Assignment: Part I (The Contract is the Key)


(Editor’s note: If readers are unfamiliar with what Non-Fungible Tokens (NFTs) are and would like an explainer, you can refer to our earlier post by Awani Kelkar here. Adarsh’s two-part post goes on to do a deep dive including into some of the questions raised there.) NFTs have been all the rage quite recently, and many would have come across the articles on some NFTs being been sold for huge money by way of auction (here, here). But what does…


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Copyright Others

Non-Fungible Tokens (NFTs) and Copyright Law: A “Nifty” Dilemma


Techno-friendly readers may have noticed that there is a sudden surge of interest in Non-Fungible Tokens (NFTs) across the internet and may have even purchased some for themselves. Some more luddite readers like myself may have still been grappling with this ‘blockchain thing’, and now find ourselves needing to know about NFTs as well! What exactly are they? Why the sudden interest in them? What implications do they have, especially on copyright law? Well, we’re pleased to bring our readers…


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COVID-19 Drug Regulation Others Overlaps in IP Patent Trade Secret

Intellectual Property Rights in Covaxin – Part 2 (IP Ownership in Publicly Funded Research)


This post was coauthored by Swaraj Paul Barooah and myself. In part I of this post, Anik and I argued that the government should waive the IPR in Covaxin in order to ensure that the vaccine can be rapidly accessed by the public. In Part II of this post, Swaraj and I analyse the broader issue of IP ownership in outcomes of publicly funded research. Part III explores opacity surrounding the clinical trial data generated during the Covaxin trial, which…


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Innovation Others

Delhi HC Looks Into Access And Innovation Questions On Rare Diseases


Through a series of directions issued in an order on 23rd March, Justice Prathiba M. Singh of the Delhi High Court may have finally pushed into action what the Central Government has been sitting on for years with regards to patients suffering from ‘rare diseases’. The current order related to a batch of petitions that involved 12 children with Duchenne Muscular Dystrophy (DMD), 2 children with Hunter Syndrome, and 1 adult with Hippel-Linau Syndrome, and the declared inability of the…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

SpicyIP Weekly Review (February 22 – 28)


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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Drug Regulation Others

DCGI Draws Ire of Delhi High Court for Violating the RTI Act


The Single Bench of the Delhi High Court headed by Justice Pratibha Singh, in its recent order in Prashant Reddy v DCGI, came down heavily on the drug regulator for egregious violation of the Right to Information Act. The case arose in relation to the report of Dr. T.M. Mohapatra Committee, a committee which was constituted by the Drugs Controller General of India pursuant to the scathing criticisms in the 59th Parliamentary Standing Committee Report on the existing mechanism for…


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