A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides details of the circumstances surrounding it. Baricitinib, which is originally an arthritis drug, has more recently been used in combination with Remdesivir to treat Covid-19 patients for better results than what…

“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

by SpicyIP July 5, 2021

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We’re pleased to bring you a guest post by Lokesh Vyas, on an RTI matter that brought up some interesting copyright related questions. Lokesh is a graduate from School of Law, Nirma University and an incoming LLM Candidate and InfoJustice Fellow at American University Washington College of Law, and has previously written posts for us here and here. “Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?” Lokesh Vyas In Rajeev Kumar…

SpicyIP Weekly Review (June 28 – July 4)

by Anupriya Dhonchak July 5, 2021

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Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon…

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Logo Battles in Fashion Forever

by SpicyIP July 3, 2021

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We’re pleased to bring to you a guest post by Tanya Saraswat. Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Logo Battles in Fashion Forever Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals. Logos come under the wide ambit of trademarks. The trademark protection for a business logo means that no one else can exploit or use it….

Patent Sponsored

[Sponsored] USPTO and LexisNexis Reed Tech Extend Their 50-year Partnership with a New 10-year Deal

by SpicyIP July 2, 2021

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We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. For further details, please see the announcement below: USPTO and LexisNexis Reed Tech Extend their 50-year Partnership with a New 10-year Deal The United States Patent and Trademark Office (USPTO) has awarded LexisNexis Reed Tech a 10-year patent data and document management contract. Reed Tech has been a…

Copyright Ownership in State Board Textbooks: Impediments to Accessibility

by Anupriya Dhonchak July 1, 2021

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Although education has the potential to be a significant leveller of inequalities, online education because of the pandemic, has brought into stark relief the digital divide and widening socio-economic inequalities in India. Of late, there have been multiple reported cases of suicides by students (see here and here) on account of lack of access to the means of education. Further, only around a quarter of Indian families have access to the internet, according to estimates. This percentage reduces to 15%…

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 1 – October 31) [Register by August 31]

by SpicyIP June 30, 2021

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We’re pleased to inform you that a free online course on intellectual property starting on 1st July 2021 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Assistant Professor of Law, in-charge of the IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property Title SWAYAM (Free) Online Course ‘Intellectual Property’ About the Course The course is launched on the SWAYAM platform by…

Trademark

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes

by SpicyIP June 28, 2021

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We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. Rounak is a 2nd year student at NLIU Bhopal. Our previous posts on questions of IPR and arbitration can be viewed here. Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v….

SpicyIP Weekly Review (June 21 – 27)

by Anupriya Dhonchak June 28, 2021

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Topical Highlight RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays? In this post, Nikhil analyses Recorded Music Performance Limited (‘RMPL’) becoming the first copyright society to be granted a registration with respect to sound recordings, nine years after the 2012 amendments to the Copyright Act. He notes that the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of works. He…

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The Examination of the Examiner: Analysing the Delhi High Court’s Recent Observations

by SpicyIP June 25, 2021

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We’re pleased to bring to you a guest post by Aditya Mittal, analysing the recent observations made by the Delhi High Court with respect to the procedure followed by the Government in selection of patent examiners. Aditya works in the patents team of a boutique IP law firm, ALG India Law Offices. He pursued B.Tech from Thapar University, Patiala and then LL.B. (IPR hons) from Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. The Examination of the Examiner: Analysing…

Aparajita Lath { Hi Pranab, Thanks for your comment and for explaining the issues involved with 'explainability'. There is a tension between adoption of advanced ML technology and public trust and... }
Lokesh Vyas { Thanks, Aaradhya for your kind words. We really appreciate it. }
Pranab Salian { "Explainability" is the concept that a machine learning (ML) model and its output can be explained in human language terms in a way that makes sense to a... }
Mathews P. George { Thank you, Eashan and Shobith. I updated the post to reflect our discussion. }
Mathews P. George { Thank you for your comments. IP valuation is a tricky business. Even though there are various methods for IP valuation, it may be the case that many IP... }

De-Coding Indian Intellectual Property Law

After Natco’s Withdrawal, Bajaj Healthcare files for Compulsory License to Manufacture Baricitinib

“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

SpicyIP Weekly Review (June 28 – July 4)

Logo Battles in Fashion Forever

[Sponsored] USPTO and LexisNexis Reed Tech Extend Their 50-year Partnership with a New 10-year Deal

Copyright Ownership in State Board Textbooks: Impediments to Accessibility

[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 1 – October 31) [Register by August 31]

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes

SpicyIP Weekly Review (June 21 – 27)

The Examination of the Examiner: Analysing the Delhi High Court’s Recent Observations