Category Archives: Others

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…

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

by Adarsh Ramanujan April 5, 2021

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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…

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

by Adarsh Ramanujan April 5, 2021

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(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…

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

by SpicyIP April 5, 2021

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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…

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

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

by Anupriya Dhonchak March 29, 2021

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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…

Innovation Others

Delhi HC Looks Into Access And Innovation Questions On Rare Diseases

by Swaraj Paul Barooah March 25, 2021

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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…

SpicyIP Weekly Review (February 22 – 28)

by Nikhil Purohit March 1, 2021

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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…

Drug Regulation Others

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

by Mathews P. George March 1, 2021

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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…

A Draft “Open” IP Syllabus

by Swaraj Paul Barooah February 25, 2021

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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…

SpicyIP Weekly Review (February 15 – 21)

by Anupriya Dhonchak February 22, 2021

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Topical Highlight Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward In this guest post, Justice (Retd.) Prabha Sridevan notes that the Government’s proposal to scrap the IPAB is a welcome change. She argues that the functioning of the IPAB makes the two ostensible reasons for tribunalisation unsustainable: expert insight and speedy justice. She argues that regular courts are also more than capable of eliciting expert opinions, citing multiple cases where this has been done. Further,…

Adyasha Samal { Thank you for bringing out that point, sir. Indeed, implementing a mandatory registration system would unfairly deprive Indian authors of the rights that foreign authors would continue to... }
Jagdish Sagar { Under Article 5(2) of the Berne Convention, copyright protection in works originating in other member countries of the Berne Union cannot be subject to any formalities. If India... }
Praharsh Gour { Hey Megha, Thank you for your comments and pointers. The scenario suggested by you are exactly the same thing we have raised concern about. Seemingly the whole business... }
Megha Banerjee { The only reason that government (ICMR) does not allow other pvt. Drug manufacturing companies to manufacture may be restrictions on ICMR and other other govt. Agencies to create... }
Akshat Agrawal { Hi Adarsh. Thank you. Continuing the conversation. Okay so I think step 1 is important. Copyright exists- but on what does copyright exist? The court has many times... }

De-Coding Indian Intellectual Property Law

Category Archives: Others

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

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

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

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

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

Delhi HC Looks Into Access And Innovation Questions On Rare Diseases

SpicyIP Weekly Review (February 22 – 28)

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

A Draft “Open” IP Syllabus

SpicyIP Weekly Review (February 15 – 21)