Plant Variety Protection

Problems with the Indian Plant Variety Regime: Old Vine in Newly “Enclosed” Bottle?

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We are extremely pleased to bring to you a guest post by Prof. (Dr.) N.S. Gopalakrishnan. Prof. Gopalakrishnan is a leading IP academic from India, who has taught and groomed a number of other IP academics and researchers, including our very own founder of SpicyIP, Prof Basheer. He is now a Honorary Professor at the Inter University Centre for IPR Studies, CUSAT, Kochi, a centre that he kickstarted some years ago. This post is the first in the upcoming series…


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Copyright Uncategorized

Guest Post: The Producer’s Dubbing Right– A note on Madras High Court’s decision in Thiagarajan Kumararaja v. M/S Capital Film Works

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We are extremely pleased to present before you a guest post written by Sheetal Srikanth. She is an associate at MVS Chambers, Chennai. She is a practising advocate at Madras High Court. She pursued her LLM from University of Toronto, specialising in IPR. She critically analyses the Madras High Court judgment in Thiagarajan Kumararaja v. M/s. Capital Film Works India (Pvt) Ltd. SpicyIP had dealt with this judgment here. This post brings in certain dimensions and perspectives which are quite…


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Patent

New Law to Hardcode Public Interest into Injunction Jurisprudence

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The upcoming session of Parliament may see the passage of a legislation that will have the effect of hardcoding ‘public interest’ into Indian injunction jurisprudence. The Specific Relief (Amendment) Bill, 2017 which has already been passed in the Lok Sabha is the offspring of a report submitted by a committee of experts which is yet to be released to the public. The Law Ministry never conducted a public consultation on the bill and the Lok Sabha passed the bill with…


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Privacy

Of Privacy, Accountability and an Atrocity called Aadhaar: Whither Legal Liability?

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Privacy continues to remain a contested subject matter. I don’t mean contests over the bounds of privacy (particularly in the digital milieu), but a contest that is rather specific to IP: does privacy really count as a species of IP? IP lawyers (and I count myself as part of this blessed breed) are a covetous lot: seeking to constantly expand our kitty of IP kinds. In fact, so influential is our lot in India that unlike the rest of the world,…


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Patent

RTI application regarding CL/VL status for bedaquiline gets transferred 3 times with no information provided

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On March 4, 2018 the Hindu published a frontpage news report on bedaquiline, the new drug that has shown promise in treating multi-drug resistant tuberculosis (MDR-TB). While we have written extensively on other aspects of bedaquiline, the one issue that we have not commented on so far is the reporting in the Hindu on the compulsory licensing/voluntary licensing for the patents covering bedaquiline. The Hindu’s report made two assertions. The first assertion was that a panel headed by Dr. Soumya…


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Drug Regulation

The Problematic Advocacy that Portrays Bedaquiline as a Wonder Drug

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On June 22, 2018 the Wire re-published my last piece, along with a rejoinder by Anand Grover, in our ongoing debate on the manner in which Bedaquiline was approved by the DCGI after waiving Phase III clinical trials. Grover ends his piece with the following dramatic question: “The question is, if the use of bedaqualine is going to cure two out three persons, and in its absence, they would face certain death, would any reasonable medical person withhold that drug…


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Overlaps in IP Patent

India Breaks the Patents-Customs Linkage a Bit!

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The IP-customs linkage has always been a contentious one. Particularly so in the case of patents, an area of law which is difficult enough to decipher for trained judges, much less customs officials (more often than not generalist bureaucrats appointed by the Government of India). Given this problematic linkage, it is heartening to note that vide a recent notification dated 22nd June, 2018, issued by the Central Government, the linkage between patents and customs has effectively been broken (a bit)….


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Copyright Overlaps in IP

Article 13 of the Controversial EU Copyright Directive

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The Internet as you know and love may change. The vote’s out! On 20th June, 2018, the European Parliament’s legal affairs committee (JURI) voted to approve amendments to Articles 11 and 13 of the EU Copyright Directive in the Digital Single Market. These Articles have drawn the ire of many since they require internet platforms to monitor copyrighted material uploaded on their platforms and to pay fees to news companies before linking their content. In this post, I’ll be solely…


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Others

SpicyIP Weekly Review (June 18-24)

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This week, we had a post by Prashant, which forms the latest update on the ongoing debate about the Bedaquiline issue. (Previous SpicyIP posts on this issue by Prashant and Balaji can be accessed here.). In his latest post, Prashant responded to Anand Grover’s take on his views and disagreed with him on multiple aspects. He countered Grover’s argument on increasing access to bedaquiline by questioning the decision of Indian authorities to approve this drug when Phase III trials are…


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Innovation Patent

Patenting Blockchain Services in USA and India

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Blockchain, initially introduced as a part of the Bitcoin currency, has now proven to be the new game-changer technology in several industries, with big corporations using it for various customer-friendly services such as cross-border payment systems, electronic shipping platforms, portable health records etc. Blockchains act as databases that store records for every transaction conducted and which are distributed, indestructible, decentralized, peer-to-peer and independently verifiable in nature. Controversies arise, however, when companies seek to patent their blockchain based services. Blockchain patents…


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