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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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

/ By / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. VI, Issue I] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], published under the aegis of National Law University, …

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mRNA Patent Litigation: The ‘Sport of Kings’

/ By / Patent

Battle lines are being drawn in the fight over the lucrative mRNA vaccine technology used in certain Covid 19 vaccines. Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna has supplied over 299 million doses of its Covid 19 vaccine to the United States and has, reportedly, lined up supply deals worth USD 35 billion through the end of 2022. Pfizer and BioNTech have supplied over 472 million …

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[Sponsored] LexisNexis Workshop on Biosimilar IP Landscaping & 351(k) Litigation (September 2)

/ By / Opportunities, Sponsored

We’re pleased to inform you that LexisNexis is conducting a workshop on ‘Biosimilar IP Landscaping & 351(k) Litigation’ on 2nd September, 2022. For details, please see their announcement below. Join LexisNexis Live Workshop: Biosimilar IP Landscaping & 351(k) Litigation  Friday, September 2, 2022   3:30 PM IST The workshop is aimed at varied aspects and challenges of the biosimilar development process. The main aspects of this event will cover an analysis of the innovator company’s patent portfolio, identifying and advancing the …

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Taking IP “Rights” Too Seriously – A Look Through History

/ By / Copyright

In his independence day speech, the Indian P.M. Modi urged people to focus more on ‘duties’. Earlier, he said that a focus on “rights” has made India weak. Previously, President Droupadi Murmu also spoke of duties and Justice N.V. Ramana highlighted the importance of knowing our constitutional rights and duties. While I may share some sentiments with this ‘right-duty’ talk, such focus on rights-duties language makes me wonder if we are becoming dependent on “Right” in the sense of ‘right-izing’ …

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