Category Archives: Patent

Copyright COVID-19 Patent Sponsored Trademark

SpicyIP Weekly Review (June 14- 21)

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Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…


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Patent Publication

Book Review: Patent Law Cases and Materials – A Synthesis for India

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Cover of the Book

We’re pleased to bring our readers a book review of Adarsh Ramanujan’s recent book titled ‘Patent Law Cases and Materials – A Synthesis for India’, first published in September 2020. The book is available here (amazon affiliate link). The author of the review is Dr. Feroz Ali Khader. Dr. Feroz Ali is the author of ‘The Law of Patents – With a Special Focus on Pharmaceuticals in India’ (LexisNexis, 2007) and a visiting faculty at the National Law School of…


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Copyright COVID-19 Others Patent Trademark

SpicyIP Weekly Review (May 31 – June 6)

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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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Copyright COVID-19 Design Opportunities Patent Trade Secret

Webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ [June 5]

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We’re pleased to inform you that the People’s Health Movement (PHM) and the Third World Network (TWN) are organising a webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ on June 5, 2021. For further details, please see the announcement below. TRIPS Waiver: Update and Analysis of Recent Developments In the last one month we have seen some crucial developments with regard to TRIPS Waiver discussions at the World Trade Organisation (WTO). In early May, the United States government…


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Copyright COVID-19 Patent Trademark

SpicyIP Weekly Review (May 17 – 23)

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Topical Highlight Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer Nikhil and I continued the discussion on three key aspects in the USTR Special 301 Report 2021: India-specific trade secrets and patents issues, and the general stance on technology transfers. We highlighted that the Report has tightened its stance on India’s trade secret regime, asking for stronger enforcement. Curiously, this contradicts its liberal approach towards compulsory licenses and the TRIPS waiver because a lot of key information on…


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Patent

The Dilemma of Employer-Employee Patent Ownership in India

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We’re pleased to bring to you a guest post by Kartikeya Prakash, discussing the lacuna in the Patents Act regarding the ownership of the patents invented by the employee in the course of employment in absence of an assignment agreement with the employer. Kartikeya is a 2nd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. The Dilemma of Employer-Employee Patent Ownership in India Kartikeya Prakash Majority tech companies rely on the inventions of their employees…


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Patent

Proof of Right for Filing a Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case

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We’re pleased to bring to you a guest post by Idhika Agarwal, analysing the decision issued by the Intellectual Property Appellate Board (IPAB) in DOW Agrosciences LLC v. Controller of Patents in October last year pertaining to proof of right for filing a patent application. Idhika is a 3rd year BBA LLB Hons. student at Symbiosis Law School, Pune. Proof of Right for Filing Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case Idhika Agarwal Patent Cooperation Treaty (1970) facilitates…


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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 Patent Trade Secret

Compulsion for Compulsory Licenses for Covid Vaccines Climbs: But Are They the Cure?

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On 11th May, it was reported that Kerala High Court has sought a response from the Central government on a PIL seeking direction to the government to invoke the compulsory license (CL) provisions for the COVID-19 vaccines. In the PIL, the Petitioner (Adv. Gopakumar GV) argues that in the present crisis resorting to CL will assist the nation to ramp up the quantity of vaccine output and thus overcome its scarcity. As reported before, the government is already facing a…


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