Category Archives: Trade Secret

Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark Traditional Knowledge

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System


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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…


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Copyright Geographical Indication Innovation Opportunities Patent Privacy Trade Secret Trademark

SpicyIP Weekly Review (July 5-11)


Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…


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Patent Trade Secret

Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry


We’re pleased to bring to you a guest post by Pragya Jain.  Pragya is a 4th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Patent v. Trade Secret: In the Light of Indian Pharmaceutical Industry Pragya Jain The coronavirus outbreak and subsequent shutdown wreaked havoc on all major sectors of the economy, yet it turned out to be a blessing in disguise for India’s pharmaceutical industry. Over the next five years, India’s medical spending is predicted to…


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Copyright COVID-19 Design Opportunities Patent Trade Secret

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


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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COVID-19 Innovation Patent Trade Secret

Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer


[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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COVID-19 Data Exclusivity Patent Trade Secret

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


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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COVID-19 Data Exclusivity Drug Regulation Innovation Overlaps in IP Trade Secret

Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets


A frontline worker setting fire to funeral pyres at a cremation site.

As news broke out on May 3, 20201 regarding the Indian Council of Medical Research (ICMR) earning royalties out of every dose of Covaxin sold, many were quick to chide the government for embarrassing itself by profiting off vaccines sold in its own country while seeking a waiver of all IPRs on patents, copyright, industrial design and undisclosed information pertaining to vaccines for Covid-19 (covered previously on the blog here, here and here) at the WTO. In this post, I focus on the differential…


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COVID-19 Patent Trade Secret

NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ [May 5]


We’re pleased to inform you that the DPIIT IPR Chair at NLU Delhi is organising an online panel discussion on ‘IP and the Pandemic’ on May 5, 2021. For details, please see the announcement below: NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ May 5, 2021 | 7:30 PM IST The pandemic has raised several crucial issues concerning the role of Intellectual Property (IP) in the context of innovation and access to Covid-19 vaccines and pharmaceuticals. India and the…


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COVID-19 Data Exclusivity Drug Regulation Innovation Patent Trade Secret

Intellectual Property Rights in Covaxin – Part 3 (IP Rights over Clinical Drug Trials (CT) Data)


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 explored the broader issue of IP ownership in outcomes of publicly funded research. In Part III, I analyse the opacity surrounding the clinical trial data generated during the Covaxin trial, which has not been publicly shared on grounds…


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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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