Intellectual Property

The Government of India has proposed a slew of amendments to the rules governing Geographical Indications (GIs), particularly with regard to the rights of authorised users under the law. On September 16, 2019, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade, or DPIIT) issued draft rules, which propose various amendments to the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 1999....

In a major decision that is likely to impact evergreening of pharmaceutical patents in India, the Delhi High Court vacated interim injunctions granted to AstraZeneca, a big pharma multinational, against three generics manufacturers, Micro Labs, Natco Pharma, and Dr. Reddy’s Laboratories. The case involved allegations of infringement of AstraZeneca’s three patents, for offering a generic version of AstraZeneca’s drug-TICAGRELOR for sale under the brand name BRILINTA....

The Delhi High Court recently restrained multiple e-commerce platforms from selling, offering to sell, advertising, or displaying products in breach of third party agreements. The court's orders, from July 2019, arose out of a set of seven suits filed by direct selling companies against e-commerce platforms, and will have far-reaching consequences for not only e-Commerce companies but also any 'intermediary' that offers a platform, marketplace or forum to users online....

Evidence from DNA fingerprinting tests can be used to determine disputes involving plant varieties, according to a recent decision of the Delhi High Court. In its recent judgment dated July 1, 2019 in Pioneer Overseas Corporation v. Chairperson, Protection Of Plant Varieties And Farmers Rights And Ors, MANU/DE/2102/2019, the Delhi High Court was examining allegations of misappropriation of germ plasm protected under ...

Pharmaceutical industry is one of the most intensively regulated sectors and as a result of these challenges, returns on R&D investments in the pharmaceutical industry have decreased. One feasible alternative to address these challenges is to adopt strategies to reduce development costs and maximize profit. One such strategy is Product Differentiation. Product Differentiation is innovating an existing product, i.e., creating a product with better features, performance, or efficacy. Most blockbuster drugs have gone off-patent, and more are expected to go off-patent in the near future. ...

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....

The works of writers like Enid Blyton, George Eliot, Premchand, and Saki, have come to be embedded in our minds for generations, such as. We associate these names with canonical literature, but sometimes forget that these were not the authors’ real names. They were, in fact, pseudonyms, or pen names, adopted by their owners. The motivation for adopting a pseudonym for a creative work is not always clear, and can include a wish to create a separate identity from one’s real life persona. Whatever be the reason, the manner of protecting copyright in pseudonymous works is slightly different from that of a conventional copyright, which is the subject of this piece....

In response to the dramatic changes brought about in content sharing and broadcasting through technological advancements in the digital era, the Department for Promotion of Industry and Internal Trade, Government of India (DPIIT) has proposed to amend the Copyright Rules. The draft rules are the latest in a long series of regulatory action taken by the government to address the entry of internet streaming services into the Indian market. ...

The Patent Rules, 2003 are proposed to be amended by Draft Rule 21 Sub-rule (2) and Sub-rule (3), Draft Rule 131 Sub-rule (2), and updated Form-27. Draft Rule 21 Sub-rule (2) reduces the high cost previously borne by applicants for the translation of priority documents. This Draft Rule restricts the requirement for submitting verified English translations of priority documents in accordance with Rule 51bis.1(e) of regulations under the Patent Cooperation Treaty (PCT). ...