IP Reveries: Class 5.1 – Drugs, Secrets, and Innovation: Brooding Over The Basics

/ By / Drug Regulation, Overlaps in IP, Patent, Trade Secret

Prof Antilegend’s classes are back! After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introductory […]

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Certification Marks: A Tale of Continuing Confusion at the Registry

/ By / Trademark

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. In this post, he focuses on certification marks. Akshay Ajayakumar is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and is currently pursuing his LL.M in IP and Competition Law from Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of Augsburg,

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Despite Expert’s Submissions No Clarity on Section 52(1)(za) of Copyright Act, as Parties Settle!

/ By / Copyright, Others

In May, 2022, we reported that the Delhi High Court appointed Prof. Arul Scaria, under Rule 31 of the IP Division Rules 2022, as an expert in a copyright dispute, for assistance in interpreting the nuances of Section 52(1)(za) of Copyright Act. Now after almost five months since the appointment, the Court has passed an order (pdf) stating that the parties to the dispute have settled the matter out of court. (Note: I couldn’t find a record of the terms

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[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

/ By / Others, Sponsored

We’re pleased to bring to you this post by UNH Franklin Pierce, wherein different faculty members at the law school discuss what they see as the emerging spheres of IP law. Note: this is a sponsored post. We asked faculty at UNH Franklin Pierce to predict emerging spheres of IP law. This is what they said. Founded by inventors and entrepreneurs, the University of New Hampshire Franklin Pierce School of Law (UNH Franklin Pierce) is an Intellectual Property powerhouse, committed

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AI Art and Indian Copyright Registration

/ By / Copyright

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). Such works qualify as ‘computer generated works’ under the Indian Copyright Act. Computer-generated works were included as a category of works in 1995, presumably at a time when AI was not making art. For such works, copyright

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Solving the Conundrum of ‘Communication to Public’ AKA ‘Making Available’ Right: Lessons from Canada

/ By / Copyright

We are pleased to bring you a guest post by Dr. Sunanda Bharti discussing the Canadian decision in Society of Composers, Authors, and Music Publishers of Canada v. Entertainment Software Association on ‘making available’ rights and its application to India. Sunanda is a Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here. Solving the conundrum of ‘Communication to Public’ AKA ‘Making Available’ Right: Lessons from Canada Sunanda Bharti The Federal Court

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‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement

/ By / Trademark

We are pleased to bring you a guest post from Kartik Sharma and Aditya Singh on the recent decision by the Calcutta HC regarding the infringement of AMUL’s trademark. Kartik and Aditya are 2nd year students at NLSIU, Bengaluru. ‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement Kartik Sharma & Aditya Singh On September 1, 2022, the Calcutta HC, in Kaira District Cooperative Milk Producers Union Ltd v. Maa Tara Trading Co (‘AMUL’), held a non-competitor liable for infringement

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‘Certificate of Registration’ Equals ‘License from Registrar’: Looking at Gujarat High Court’s Infringement Equation

/ By / Copyright

Copyright registration is not mandatory in India. However, one may register the same and it would be prima facie evidence of the registered details therein. But if a registered copyright is alleged of copyright infringement, can the “voluntary registration” come to its rescue? As per a recent order of the Gujarat High Court in Maheshbhai @ Kanbhai Haribhai Sojitra v/s State Of Gujarat, the answer is yes. This post examines this order and highlights certain anomalies that lie within or

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State’s Inaction, Petitioner’s Death Makes Kerala High Court to Take Suo Moto Cognizance of Ribociclib’s Unaffordability

/ By / Others, Patent

Recently, the Kerala High Court took suo moto cognizance of a drug’s unaffordability, following the unfortunate passing away of the petitioner who had earlier made a pleading for the government to use the Patent Act levers to curb the rising prices of a life-saving drug (pdf). The drug in question here is Ribociclib, which is available under the brand name(s) Kisqali (in the USA) and Kryxana (in India) and is used to treat certain kinds of breast cancer. The Court

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AI/ML Medical Devices, Regulation and Sunrise in the West

/ By / Drug Regulation, Innovation, Others

Policy makers have often been caught off guard with new age technology. Technology emerges and evolves rapidly and regulations are slow to catch up. This cat and mouse game continues with another fast emerging and disruptive technology – AI / ML based medical devices. The US and EU are seeing waves of regulatory and policy level curiosity in AL / ML medical devices. The timing for these interventions also seems right. While many devices have been launched, this technology is

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