Author: Soumyadip Panda & Anshu Singh
Abstract: Since the beginning of 2020, the whole world is facing the threats imposed by the Novel Coronavirus or Covid-19. The pandemic has affected almost all the sectors in every part of the world including India. However, the impact of the pandemic was not that dangerous upon the pharmaceutical industry. It cannot be denied that indeed the pandemic affected some parts of the pharmaceutical industry including the supply chains. Imports of active ingredients used for the production of pharmaceutical products from China were also affected. The fact still remains the same that Covid-19 has endowed India with opportunities to grow in this sector.
The aim of the industry since the beginning of the spread of Covid-19 was ensuring that there continues to be a supply of medicines and drugs necessary for treatment of infected people and reducing the risks of uninfected people. The domestic industry consists of suppliers, manufacturers, providers and other authorities who have taken up this task on their shoulders. Though the presence of regulatory authorities has created some issues in addressing redressals on time, the firms depended upon the stakeholders for seeking necessary support. The pharmaceutical industry since the beginning of the lockdown noted the priorities for ensuring that the supply chain is not affected to a great extent which included adoption of a systematic view for coming up with an effective plan to manage, etc.
The authors through this research have tried to understand the trend of the pharmaceutical industries in the time of the pandemic. They have further analysed the relation between the patenting of pharmaceutical products and the fundamental human rights of citizens and whether right to health can be compromised or not. Finally, the Authors have ventured into the discussion whether the patent should be granted for Covid-19 vaccines or not. The study has been conducted on a very short period of time and the data which has been used for the reference purpose is restricted to the materials available online.
KEYWORDS: Covid-19, Pandemic, Pharmaceutical Products, Regulatory Authorities, Fundamental Human Rights, Vaccines.
2. COPYRIGHT INFRINGEMENT BY WAY OF SAMPLING: MULTI-JURISDICTIONAL ANALYSIS
Author: Nikhil Sikka
Abstract: The music industry has seen tremendous transitions over the years from live performers to tape recorders to CD’s to now everything being virtual. Those were simpler times when music was produced and distributed among the masses in physical forms like CD’s but with everything shifting to virtual medium these days the traditional mechanisms have shrunk, and it also have ensured a global access. The Copyright Act was enacted in 1957 and have been amended a few times to improve the effectiveness of the act. With a major amendment coming into effect in 2012, the Copyright Act, 1957 still does not have any specific provision to deal with the issue of sampling of music. Owing to the spiked rate of music productions, the process of sampling has become a common practice and must be dealt with on an immediate basis in order to maintain a balance between the exclusive rights of the copyright owners and the artists sampling the work. This paper will delve into the issue of sampling and provide some suggestions to craft the laws around the issue by drawing a parallel from the advanced foreign jurisdictions, USA and EU.
Author: Nihal Raj & Rituka Mane
Abstract: Micro Small and Medium enterprises have been gaining a lot of traction over the years and particularly since the outbreak of COVID, the government has believed that the only way to prosper is to ‘Make in India’. MSMEs have been recognized as the backbone of the Indian economy & a significant contributor to the GDP of India. Although the government has encouraged the MSMEs through various schemes and incentives, these enterprises usually fall prey to large multinational corporations, the primary reason being, the lack of IP protection. The main aim of this article is to explain the impact IP assets can have on the growth of an MSME, highlight the various challenges that are faced when it comes to procuring important IP assets for the development of the business, and emphasize the role technology such as Artificial Intelligence and Machine Learning can play in eliminating the various challenges in IP administration & management, thereby giving the MSMEs an equal opportunity to capitalize on their IP assets. The paper also sheds light on the various initiatives currently being implemented in the IP industry by several countries. Having analyzed various AI-based initiatives by other countries, the authors argue that the Indian IP system needs to incorporate similar AI-based tools in it’s IP regime with an intention to automate its processes & eliminate the repetitive & time-consuming arts, thereby making IP more approachable as an asset for MSMEs.
Keywords: MSME, Intellectual Property Assets, Innovation, Artificial Intelligence, Automation, and Globalization.
4. INTELLECTUAL PROPERTY AS A MARKET TOOL AND ITS RELATION WITH COMPETITION
Author: Raniyal Niyada P & Karun Sanjaya
Abstract: Intellectual property rights and Competition Law serves the dual purpose of promoting innovation and ensuring consumer welfare. The paper enquires how seemingly different spheres go along with each other to promote their common goal. Intellectual property rights promote competition by substitution and curtail competition by imitation. Hence the regime balancing the loss in allocative efficiency (price competition) with the expected gain in the dynamic efficiency (innovation). Intellectual property laws create exclusive rights that provide incentives for innovation by “establishing enforceable property rights for the creators of new and useful products, more efficient processes, and original works of expression.” Antitrust laws, in turn, ensure that new proprietary technologies, products, and services are bought, sold, traded, and licensed in a competitive environment. Hence the key goal of both the regime is to promote economic efficiency. In cases such as the Microsoft case of 2004, the Huawei case (2015), FTC v. Qualcomm Inc, etc., the Courts have taken steps to ensure that both regimes go hand in hand. Further, the Hatch-Waxman Act and Abbreviated New Drug Applications (ANDA) provisions seek to ensure competition in the market by making provisions for checking questionable patents and promote generic competition.
The paper consists of four parts. Part I begins with an introduction to Intellectual Property and Competition and their relationship with one another. Part II tests and analysis the theme of the paper. It beings with analyzing Intellectual property regime as a market tool and an innovation stimulator. Then moves on to analyze the key ideas of competition and its aim to promote economic efficiency. Thereafter, the paper analyses the intricacies between Intellectual Property Rights and competition policy. The discussion moves on about how IPRs are a trade-off by balancing the loss in allocative efficiency with the expected gain in the dynamic efficiency. In Part III, two special scenarios are investigated. The first is the abuse of dominant position and standard-essential patents; and the second is US scenarios and the Hatch-Waxman Act. The same is studied with the aid of the US Federal Trade Commission Reports and case laws. Part IV is the concluding portion. Here the authors try to draw how IP regime and competition laws are complementary to each other.
5. FUTURE OF IPR IN INDIA VIA THE LENS OF REPORT 161
Author: Ashwin Singh
Abstract: The Parliamentary Standing Committee on Commerce [Hereinafter Report 161] submitted on July 23, 2021, a report on the Intellectual Property Rights Regime in India. This report presented an overview of the current IPR regime in the Union along with exploring various lacuna in the current system which ought to be looked upon by the government. Concludingly the report also presented various proposals and other initiatives to promote innovation, entrepreneurship, and development in the IPR regime. Furthermore, the report comes at a crucial stage in the Indian economic juncture wherein the pandemic hit economy is trying to recover and new giants trying to enter the market through IPO and various other methods.
This report therefore naturally holds special significance for India in light of its developing entrepreneurial spirit which can be seen in various sectors throughout the country. The need for the timely protection of the unique brand identities of these new and old start-ups in the country is a must for allowing proper growth.
Therefore, in light of these reasons the present article will try to analyze report 161 and provide subsequently provide an analysis of the suggestions and recommendations provided in the report. The article will analyze the major policy changes suggested in the report. Concludingly an overall analysis of the report will be done and other important aspects of the IPR industry particularly in India will be focused upon which would be suggestive concerning the new IPR policy which is to be created by the Government of India.
6. PROTECTION OF DOMAIN NAME AS A TRADEMARK VIS A VIS THE PRACTICE OF CYBERSQUATTING
Author: Subham Saurabh and Rohan Samar
Abstract: The advancement of cyberspace, information & technological and internet has provided a new digital market to the companies and traders. Internet is day by day helping them to quickly grew to target customers by means of a brand and trade mark. Trademarks no doubts plays a very significant role and therefore the protection of the same is vital. The protection of domain names and cybersquatting is another angle for which requires protection. The domain names are essential and it reflect the function of online presence of a company or trader. The problem occurs since domain name are provided on a first come - first serve basis. This becomes a lapsing point that leads to Cybersquatting. It is done with a malafide intention to cheat with the needs of a consumer and also infringes the rights of the proprietor of trademarks. In the global space there are numerous protection which provide valid legal protection to the domain name. However the India has no Law or Rule in particular except the Trademark Law, 1999 which provide protection only by passing off rule. This paper discusses and examines the effectiveness of the applicable laws and judicial pronouncement on the question of the violation by means of cybersquatting and the implications.
Keywords: Cybersqautting, Domain Names, Tade Marks, Intellectual Property Rights, and Legal Protection
7. AN ANALYSIS OF CELEBRITY RIGHTS IN INDIA
Author: Nilesh Beliraya K
Abstract: Celebrities are the group of individuals who are recognized and appreciated owing to their talents, achievements, history or other various reasons. The set of laws that protect the rights of celebrities can be called as celebrity rights. Rights of a celebrity includes his right to merchandise and gain commercial benefits, publicize his actions, gain attention, represent himself among others. This paper discusses about the rights available to the celebrities in India. The paper analyses the lack of consensus and agreed definition of ‘celebrity’ in India. A three-umbrella method to deduce celebrity rights is presented. The three-umbrella includes Publicity rights, privacy rights and personality rights. Unlike the popular opinion, the author argues that the personality right is different from publicity right. The legal recourse available under intellectual property is also discussed. The paper is concluded with the proposal to introduce the dedicated legislation to govern the celebrity rights. The necessity and ideas about the same are also presented.