SC Issues Interim Order in Suo Motu COVID-19 Case: Raises Questions on Vaccine Procurement Process, Compulsory Licensing and More

by Adyasha Samal May 4, 2021

A couple of days ago, I wrote about the Supreme Court’s first hearing in the suo motu Covid-19 case that took place on 30th April, discussing the questions raised by the bench. The interim order resulting from this hearing is now out. The order discusses the implementation of the Disaster Management Act, medical infrastructure, oxygen supply, vaccines, compulsory licensing, and supply of essential drugs. The court has examined the existing government policy on these issues and then asked questions and/or…

COVID-19 Patent Trade Secret

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

by SpicyIP May 3, 2021

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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…

SpicyIP Weekly Review (April 26- May 2)

by Nikhil Purohit May 3, 2021

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Topical Highlight Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online In this post, Adyasha analyses the recent proceedings in the suo motu case taken up by the Supreme Court regarding matters concerning the Covid-19 pandemic. She first discusses the concerns regarding the pricing of vaccines and notes that the court asked the right questions from the Central Government as to the differential pricing for the Centre and other entities, deviation from the…

COVID-19 Drug Regulation Patent

Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online

by Adyasha Samal May 2, 2021

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After being heavily criticized for taking matters into its own hands by transferring matters related to the Covid-19 crisis from High Courts, the Supreme Court had its first hearing in the suo motu case on 30th April. A three-judge bench consisting of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat looked into a wide variety of issues such as Oxygen & Covid drugs shortage, (the lack of) equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory…

Others Patent

NLSIU Announces Thakur Foundation PhD Scholarships in Public Health & the Law

by SpicyIP May 1, 2021

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We’re pleased to inform you that the National Law School of India University (NLSIU), Bangalore has announced two PhD scholarships on public health and the law, supported by the Thakur Foundation. For details, please see the announcement below. NLSIU announces the Thakur Foundation PhD Scholarships in Public Health & the Law National Law School of India University is delighted to announce a new doctoral scholarship programme, the Thakur Foundation Scholarships in Public Health & the Law. The programme is supported…

Copyrighting Musical Fountains: An Analysis of China’s Approach to Dynamic Artworks

by SpicyIP April 27, 2021

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We’re pleased to bring to you a guest post by Abhijay Srekanth, discussing a Chinese decision on copyrightability of a musical water fountain show and analysing whether the courts’ approach therein is compatible with Indian copyright law. Abhijay is a 4th law student at Jindal Global Law School, Sonipat. Copyrighting Musical Fountains: An Analysis of China’s Approach to Dynamic Artworks Abhijay Srekanth The strict rules of copyright law have been criticised for not being able to account for emerging and…

A Guide on Fair Use Cases in India

by Pankhuri Agarwal April 26, 2021

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On the occasion of the World IP Day, pleased to bring to you the initial installment of a compilation of all the fair use decisions pronounced by India’s high courts and the Supreme Court under the Copyright Act, 1957 till date. The pdf version can be viewed here and the word version here. The compilation lists all types of use of copyrighted works which the courts have determined to be permissible – or not permissible – under Section 52 of…

SpicyIP Weekly Review (April 19 – 25)

by Anupriya Dhonchak April 26, 2021

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Topical Highlight Compulsory License for Covid Drugs on the Table, Says Delhi High Court In this post, Swaraj discusses the recent Delhi High Court order in the case of Rakesh Malhotra v. Govt of National Capital Territory of India and Others, in light of the worsening pandemic situation in India. The Court hauled up the government on various issues regarding the response to the pandemic so far, concerning oxygen use, ramping up of testing facilities, shortage of drugs and black…

COVID-19 Patent

A Recipe for Disaster: Export Bans, TRIPS Waiver and Hyper Nationalism

by Praharsh Gour April 25, 2021

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(Long post ahead) On 23rd April, Ned Price, a spokesperson for the US State Department, revealed that the Biden administration is not considering lifting the export bans on the necessary raw materials for the COVID-19 vaccine. This refusal comes in response to the requests (see here and here) made by the SII CEO Adar Poonawalla to get rid of the export bans and assist in ramping up the outputs of vaccines in the global market. (Side note: Back in Feb,…

Geographical Indication Patent

NUJS Webinar on ‘IPR& SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ (April 25)

by SpicyIP April 21, 2021

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We’re pleased to inform you that DPIIT IPR Chair, NUJS is organising a webinar on ‘IPR & SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ on 25th April, 2021. For further details, please see the announcement below: National Webinar on ‘IPR& SMEs (Special focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ 25th April 2021 | 4:00 PM – 6:00 PM (IST) SMEs are the backbone of the global economy. They account for around 90 percent…

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