Copyright

Solving the Conundrum of ‘Communication to Public’ AKA ‘Making Available’ Right: Lessons from Canada


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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Trademark

‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement


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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Copyright

‘Certificate of Registration’ Equals ‘License from Registrar’: Looking at Gujarat High Court’s Infringement Equation


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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Others Patent

State’s Inaction, Petitioner’s Death Makes Kerala High Court to Take Suo Moto Cognizance of Ribociclib’s Unaffordability


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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Drug Regulation Innovation Others

AI/ML Medical Devices, Regulation and Sunrise in the West


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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Opportunities Publication

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


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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Patent

mRNA Patent Litigation: The ‘Sport of Kings’


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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Opportunities Sponsored

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


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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Copyright

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


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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Patent

Bye, bye quia timet patent injunctions?


‘Quia timet’? Makes no sense to you? Makes no sense to me either, especially after the Supreme Court’s ruling in Patil Automation v. Rakheja Engineers. The Supreme Court recently held that mediation prior to institution of a suit is mandatory unless the suit contemplates urgent interim relief. If the plaintiff does not follow the mediation process, its plaint can be rejected. This mediation requirement was introduced in 2018 through an amendment to the Commercial Courts Act, 2015. The amendment introduced…


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