Drug Regulation Patent

USTR Special 301 Review (2020) Submissions – Continued


Special 301

As readers may know, the Special 301 Review is an effort by the US Trade Representative (USTR) to identify countries whose IP regimes are not conducive to US persons’ IP interests, with the stated goal of increasing bilateral attention on ‘problem areas’. This has most frequently been done through the threat of unilateral sanctions (see our posts on earlier editions of the Special 301 review here). This year’s report has come out as well – with India once again being…


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Trademark

Is Sub-Licensing of Trademarks Permitted under Indian Law? : An Alternate Interpretation


We’re pleased to bring to you a guest post by Kapil Wadhwa on the issue of permissibility of sub-licensing of trademarks in India. Last week, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under Trade Marks Act. In this post, Kapil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of trademarks. Kapil is an intellectual property law practitioner based out of New Delhi and a…


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Copyright

The Legality of Digital Libraries in a Lockdown


Quarantine and lockdown in the midst of the CoViD-19 pandemic has left entire populations without physical access to schools, colleges and public libraries. Even more than before, this has shone a spotlight on the digital access to cultural and educational resources. Taking a cue from Namratha’s insightful post on the responses of copyright law in such a situation, in this post I explore the many legal contentions around the ‘digital’ access to libraries, particularly in the present moment. This is…


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Others

SpicyIP Weekly Review (April 20 – 26)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha wrote about Cancer Patients Aid Association’s (‘CPAA’) call for revocation of Gilead’s Remdesivir, a drug being tested as a probable cure for COVID-19. She states that Remdesivir was granted a patent in India in February 2020, and that it has been touted as ‘essential’ for treatment of COVID-19 patients suffering from other serious health conditions simultaneously. She further notes that…


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Others Privacy

Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework


We have for our readers today an invited guest post from Neha Mishra, currently a post-doctoral fellow at the Centre for International Law, National University of Singapore. Neha earned her BA.LLB degree from NLS Bangalore several years ago (where we were classmates) after which she practised law briefly in London and India. She then went on to collect degrees in law and public policy from the London School of Economics, National University of Singapore and finally a PhD from Melbourne…


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Copyright

Screening of Movies in Educational Settings: Copyright Infringement or Fair Use?


Every year, April 26th is celebrated as World IP Day. WIPO’s website states that the aim of the celebration is to “learn about the role that IP rights play in encouraging innovation and creativity”. A less remembered and celebrated fact though is how fair use provisions play an equal, if not larger role, in fostering creativity and innovation. Such a skewed view often results in people being less aware/prevented from availing the benefits of fair use provisions. I was recently…


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Patent

Govt Urged to Revoke Patent for Gilead’s Potential Anti-COVID19 Drug Remdesivir


Recently, the Cancer Patients Aid Association (CPAA) wrote to the Health Ministry and the Pharma Ministry urging them to revoke the Indian patent granted to Gilead’s Remdesivir, an anti-viral drug that is being tested as a potential cure for COVID-19.  With Remdesivir being granted a patent as recently as February 2020, CPAA has sought its revocation immediately under Section 66 of the Patents Act, 1970 on the ground of public interest and Section 64 of the Act on the ground…


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Copyright

US Supreme Court Upholds States’ Immunity from Copyright Infringement Suits : Is US in Violation of the TRIPS Agreement?


Last month, the US Supreme Court issued its judgement in an interesting case involving sovereign immunity for copyright infringement. This was the case of Frederick L Allen v. Roy A. Cooper, III, Gov of North Carolina et al. The copyrighted work in question involved the videos and photos taken by the plaintiff concerning the shipwreck of the Queen Anne’s revenge. The plaintiffs sued the State of North Carolina when it published some of these videos and photos online and the…


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Events Sponsored

SpicyIP Events: Sagacious IP’s Virtual Conference on the Occasion of World IP Day [April 28]


We’re pleased to inform you that Sagacious IP is organizing a virtual conference on the occasion of World IP Day on ‘How MSMEs can Innovate and Lead into a Green Future’. The Conference is scheduled to be held on April 28, 2020. For further details, please read the announcement below: Virtual Conference on ‘How MSMEs can Innovate and Lead into a Green Future’ on the Occasion of World IP Day [April 28] To mark the occasion of World IP Day, Sagacious…


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Others

Regarding the Scrapping of the IPAB


We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the shutting down of IPAB (our recent series of posts on which can be viewed here). Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we have covered here, here, here and here….


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