Category Archives: Patent

Copyright COVID-19 Patent Trademark

SpicyIP Weekly Review (January 23- January 30)


[This weekly review has been co-authored with SpicyIP interns Gaurangi Kapoor and Ishant Jain.] January’s end is just around the corner and what an eventful start it has been to the year! In our previous weekly reviews (here, here and here) we have collectively summarized 16 blog posts, 37 case summaries and other national and international IP developments. Not to forget – we started the year with our round up of the biggest IP developments of 2022. In the last…


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Copyright COVID-19 Design Patent Trademark

SpicyIP Weekly Review (January 17- January 22)


After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week   Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was…


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Others Patent

Future of mRNA and win-win for all: Why we need the government to disclose its collaboration agreement


It is critical for the government to be forward-thinking. The Biotechnology Industry Research Assistance Council, a government department,  is reported to have provided INR 70 to 100 crores to Gennova Pharmaceuticals for its development of an mRNA vaccine for Covid. The mRNA technology is a versatile platform technology that has been heralded as a new era in vaccines. The platform used by Gennova (saRNA – self-amplifying RNA) overcomes storage / temperature issues that affected previous versions of mRNA vaccines. Unlike…


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Patent

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues


The mRNA vaccine platform is a versatile vaccine technology that has the potential to treat several diseases. It has been heralded as a new age in medicine and several countries and companies all over the world are interested in it. However, there is uncertainty over who owns its main components  i.e. the mRNA and the lipids that coat the mRNA to enable delivery. Several intellectual property rights battles are being fought over this new technology. One of the main battles involves…


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Patent

Examining Oppositions: Time for a Deeper Look


As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report. Sandeep is a lawyer who comes with 2 decades of experience in pharmaceutical law, drug…


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Competition Law Copyright Design Drug Regulation Patent Trademark

SpicyIP Weekly Review (January 10- January 16)


After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week Bill to Decriminalise IP Offences Misses the Mark and Dilutes Significant Provisions Discussing the proposed amendments to the IP…


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Copyright Patent Trademark

Bill to decriminalise IP offences misses the mark and dilutes significant provisions


The Parliament is considering a bill that decriminalises offences across 42 statutes. Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The objective of this bill is to increase the ‘Ease of Living and Doing Business in India’. The Statement of Objects and Reasons provide several general reasons for the bill including making India a…


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Opportunities Patent

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]


Everybody loves a challenging moot court, don’t they? And what can be better than one dealing with intricate IP issues? We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. Certificates, trophies and monetary prizes will be awarded to the Winner, Runners up, Best Speaker, Best Researcher and Best…


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Drug Regulation Others Patent

Indian government denies access to Covid 19 vaccine collaboration agreements


The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information. (for the responses received from the CIC see here, here and here) Prashant Reddy (who needs no introduction on this blog) filed several RTI requests covering public-private partnership arrangements related…


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Patent

SpicyIP Tidbit: IPO Cannot Introduce New Objections During a Hearing, holds Delhi High Court


Of late we have witnessed multiple orders (see here, here and here)  from different High Courts wherein the courts, without touching on the merits of the case, have clarified the expectations from the orders of the Indian Patent Office (IPO). Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application. In this tidbit, we shall discuss another order from the Delhi High Court where the court has asserted the…


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