The ambiguities regarding joint authorship in India are subject to definition and judicial reasoning that has defined its contours within copyright laws. Multiple creators or contributors present the conundrum of joint authorship, which further offers an erratic jurisprudence on joint authorship in India. Krupa Thakkar recounts the several case laws that have predominated the discourse on joint authorship in India. Krupa also sheds light on how they have defined the concept and how it is still being formulated.
The rise of OTT platforms has created a need to reinvent performers’ rights in India. At the same time, they also chipped away the effectiveness of the existing law. Tanveer Malnas points to the requirement for extensive performers’ rights as OTT streaming platforms take over. Tanveer also explains the concept of performers’ rights in India and elsewhere while emphasising their inefficiency.
This article is a nuanced understanding of the impact of TRIPS on pharmaceutical Industry and the right to health. Since its making, the TRIPS Agreement or Trade-Related Aspects of Intellectual Property Rights Agreement has affected IPR, especially in developing countries. The article gauges how the pharmaceutical industry functions and interact with India’s Patent Act and its subsequent amendments. Abinaya K does a detailed analysis of practices like ‘evergreening of patents’. She also provides alternatives such as compulsory licensing and price ceilings to balance and protect the right of health for the consumer at large.
With technological advancements and brands’ creative proactiveness, we see many fluid trademark examples in India and the world. Especially after the Covid pandemic, many brands added elements to their trademarks to stay relevant. However, despite an overhaul of creative fluid trademarks, Indian courts haven’t seen many cases related to fluid trademarks. In addition, the Indian law doesn’t specifically mention the same. Highlighting international jurisprudence and case laws, Saumya Saxena details the meaning, scope and importance of fluid trademarks in India and elsewhere.
On June 14, at an inaugural session at the G7 Summit, India stressed for Covid vaccine patent waiver for the umpteenth time. India requested a lift of patent for the Covid-19 vaccine after the United States had offered to support the same in May. While the Council of TRIPS recently decided to hold a series of meetings till July to mull over patent wavers for the Covid vaccine, the push for the same got initiated in October last year. Although reasonable, the demand for a patent waiver by South Africa and India caused quite a stir among pharmaceutical companies and wealthier nations. Nishtha Mittal breaks down the meaning and significance of intellectual property rights with respect to the Covid vaccine and its equitable distribution. She argues that amid a raging emergency, a middle path could offer a tangible solution.
By Pallavi Verma, RMLNLU Editor’s Note: This article discusses the relevant laws and international conventions that deal with the protection of a performers’ copyright. The author
By Pranav Gupta and Isha Tyagi, Symbiosis Law School Noida Editor’s Note: This paper attempts to analyse the Indian law dealing with the registration of “unconventional
By Shubhodip Chakraborty Editor’s Note: Markets are governed by different regulatory mechanisms. One of the important objectives of the mechanism is to strike a reasonable
By Aakansha Bhola Editor’s Note: Patents are intellectual property usually possessed by the industry. They usually protect the commercial right of the patent-holder. But before
By Rahul Vicky, CNLU Patna Introduction In India, all drugs were generics before 2005 because there were no product patents for pharmaceuticals. India became fully
By Priyan Garg Amity University, Uttar Pradesh Editor’s note: If you can’t protect what you own—you don’t own anything. That is the principle that copyright
By Navin Anand, CNLU INTRODUCTION Traditional knowledge has been defined as ‘a body of knowledge built by a group of people through generations living in
By Nidhi Kumari, CNLU INTRODUCTION Universal Declaration of Human Rights, Article 27(2) “Everyone has the right to the protection of the moral and material interests
By Amitav Singh, National University of Advanced Legal Studies, Kochi “Editor’s Note: With the rapid advancement of science and technology, the pharmaceutical industry has been
The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil courts or administrative proceedings. However, considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.
By Sudhanshu Prakash, School of Legal Studies, Cochin University of Science & Technology, Kochi “Editor’s Note: In the era of technological advancement, cyber crimes are
‘Patent’ word derives its origin from the Latin word “Patere” which means to “open up”. Patent is an Intellectual Property Right that grants exclusive monopoly rights to the holder of the patent to use, manufacture, produce, sell and/or market the invention. Though patents provide an incentive to innovate but they also make it difficult for countries to keep health care costs low. Considering specifically pharmaceutical patents (product patents), monopoly rights to commercially exploit a drug may lead to high pricing of the drugs to recoup the R&D costs before expiration of term of the patent. Therefore, the issue becomes very significant because while patents are food for thought of inventors, it cannot be neglected that these do lead to high prices of drugs, thereby affecting the health of the society at large.
By Sushmita R., Christ Law College, Bangalore “Editor’s Note: Intellectual Property laws are one of the most complexed laws that exist today. India, in order to
By Nabarun Chandra Ray, GNLU Editors Note: Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human activity
By Rahul Deo, CNLU Patna Editors Note: In recent years, there has been an explosive growth in biotechnology research. The society has witnessed the completion