Volume – I, Issue – I (December 2020)


Author: Shikhar Mishra 

Abstract: Competition law and Intellectual property law are always in conflict with each other. The main reason being their antithesis parallel views, competition law ensures free competition in the market by prohibiting monopolies whereas on the other hand intellectual property law ensures some sort of monopolies (in the form of exclusive right) in the market for certain period to encourage the invention or creation. This difference in their approaches leads to the dispute between them. This time it is an agreement most prominent in pharmaceutical sectors where the patent holder transfers some value to the generic drug manufacturers companies in order to delay their entry in the market. So, the question arises here is that such an agreement is merely an exercise of the statutory right by the patent holder or it is against the objective of competition law viz. to regulate the free competition in the market. Such an agreement was regarded as anti-competitive in nature from the Competition law perspective whereas the same agreement was labeled as pro-competitive from the intellectual property law perspective. This debate is not limited to only competition law or intellectual property law but the Human Rights Law (viz. right to life, right to health, and right to access medicine) has a vital role to play. In the overall discussion, the two main points which were given preferences and put forward was consumer welfare and development of new inventions. In this article, we attempt to analyze the essentials of reverse payment settlement, their legal aspect in the US and EU, arguments for and against the agreement, and the impact of the reverse payment settlement.

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Authors : Shivani Bisht, Manika Sharma & Anand Vimal 

Abstract: A patent is a kind of intellectual property that confers exclusive rights upon an individual who has designed a novel as well as helpful article or up-gradation of an already known article or a unique procedure to make an article. The patenting of life forms began as a crucial concern after 1970 when there emerged bang in biotechnology by the recombinant DNA technology evolution, culturing of tissue and many more. With the help of these machineries, it became achievable for the industries as well as an analyzer to make use of biological resources and to construct economically feasible products in the various areas of agriculture, pharmaceuticals sector, etc. This research paper tries to focus attention on the concern relating to patenting of live forms while correlating the measures pursued in various countries like India, UK as well as US in the pretext of the Agreement on TRIPS.
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Author : Sakshi Mehra Abstract: In the 21st century ‘intellect’ forms the core of various industries. It is an undisputed fact that intellectual property is considered as not only the central resource for value creation in various industries but also a distinguishing factor.”As Mark Getty correctly pointed out that, “Intellectual Property is the oil of the 21st century. Look at the richest men hundred years ago; they all made their money extracting natural resources or moving them around. All today’s richest men have made their money out of intellectual property.” “The realization of value of such property has completely changed the modern economic trends to that extend that in the recent times business spend a considerably hefty amount on research and development and protection of their Intellectual Property Rights.
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Author : Shikhar Mishra 

Abstract: The debate between IP and Human rights particularly, Public Health comes into picture when the concern of access to essential medicines at affordable prices in developing and least developed countries is raised. In this whole deliberation TRIPS Agreement and Doha Declaration has an important role to play. The TRIPS Agreement raises a strong question that whether the Industrial interest shall be kept above public health? Through the DOHA Deceleration it was assured that TRIPS agreement includes various flexibilities like transitional period, compulsory licensing, parallel imports, etc. by which they can tackle their health problems. But in practice, use of the flexibilities provided by the TRIPS agreement was being challenged, politically and legally, by multinational pharmaceutical companies and developed countries. The strategies adopted by the developed countries and pharmaceutical industries can call them an INTELLECTUAL TERRORIST. Here in this article we will discuss the TRIPS Agreement and Doha Declaration in brief and assessed their impact on Public Health

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Author : Dipak Cherian Abraham 

Abstract: Social media applications have changed the way the people of today consume digital content. Whether it is a 15 second viral video or a feature length film, the evolution of the internet has created avenues for talent to be showcased all over the world. An application that is at the forefront of this evolution is Tiktok. Tiktokhas gained worldwide popularity over the years. With millions of videos created every day on the app, creative content plays a vital role. A massive catalogue of music titles is available for users to incorporate in their videos. In this article, we will discuss in detail the Intellectual Property strategy used by Tiktok. We will aim to answer how creators on Tiktok are able to incorporate copyrighted music in their videos, whether Tiktok’s current Intellectual Property model is sufficient. We will further look at how such a model affects the artists whose creative works are utilized. This topic will be discussed with the help of legal provisions and case laws pertaining to both India and abroad. Finally, we will also discuss ways to improve the Intellectual Property strategy that is beneficial for all concerned parties.
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Author: Soumita Basu 

Abstract: The concept of fair use has acted as a means of utilizing copyrighted works without obtaining requisite licenses and payment of adequate licensing fees. However, it is debatable whether such use of copyrighted works for the purposes of teaching and student coursework shall amount to copyright infringement or can be considered acceptable under the fair use exception of copyright law. The author in this article has attempted to analyze the implications of photocopying works on the parties to whom the lawfully obtained copyrights of such works belong. The paper distinguishes and examines the rights and liabilities of different stakeholders in the discussed matter of conflict. The article in the for the purpose of the said analysis also examines the landmark judgement of The Chancellor, Masters and Scholars of the University of Oxford v Rameshwari Photocopy Services in which the court has for the first time elaborately dealt with issue of the act of photocopy amounting to copyright infringement of the original works while also dealing with the issue of making available extensive coursework from expensive books to a considerably large group of students can be effectively executed by providing photocopies of such coursework prepared from a collection of chapters or works of different books. The author in this article has attempted to address the issue and analyzed  the arguments put forward by all stakeholders like photocopy shop owners, publication houses, universities and students. The issue had direct effect on the education system and availability of feasible access of coursework to students at the same time honouring the rightfully obtained copyrights of publishers while harmoniously construing the exception of fair use to provide an amicable solution to all stake holders.

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Authors-Varun Agarwal & Yash Kacholia 

Abstract: This article scrutinizes the present and future legal challenges of Artificial Intelligence (AI) with regards to Intellectual Property, calling attention to the role that AI can take part in, in accelerating the pace and extent of innovations to the acme. AI has already been deployed in innumerable states of affairs and touches trillions of lives per diem in the form of autonomous vehicles, or by way of advertising, etc. Various analysts are making conjectures that AI will surpass humans in myriad activities like reading, writing or driving in the coming ten years, with possibilities being that it will surpass humans in each task in 45 years and may even automatize every single human job in 120 years. The paper tries to put up intuition into the escalating scope of IPR laws and AI, together with inexorable challenges it brings to light from the global perspective on the affair. Inventions that are created solely by an AI system have witnessed worldwide deliberations; still, not a single country has set forth any special legislation for protecting the same. The primary purpose of this paper is to provide some food for thought to the compact outline of AI and IP, together with the issues and challenges countries are confronting with regards to granting or refuting protection to an AI system.

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Author-Samridhhi Pandey 

Abstract: The increasing interaction between Intellectual Property (IP) and Competition is a topic of great relevance today. IP and competition laws that appear to follow divergent goals at first glance, since one allow temporary monopolies and the other aims to protect the consumer from monopoly behaviors. A deeper study, however, leads to the fact that they share a similar rationale that in many situations helps them interact with each other in a complementary way. The global innovation system comprises both reasonable IP protection and effective antitrust compliance. The parallels and contradictions between IP and competition in the application of these law enforcement agencies are persistent. Therefore, each jurisdiction should analyze and take into account the interaction that IP and competition may have on different grounds in order to adequately face the new challenges that this phenomenon has brought to the trading system. This article seeks to trace the shift from divergence between the two areas to convergence between them. This article touches on some initiatives that seek to address these interactions in broad terms, proposing different paths to be followed to enhance the virtues of each other and work together towards social welfare development. There is a set of practices that can be recommended, based on different observed practices, to promote the approach in each country over the long term. It may also be beneficial to take the relationship between IP and competition to the next level by formally examining the possible effect of the IP standard-setting on the competition.
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Author- Aswini Anjana V. & Mariya Fatima 

Abstract: The advancement in the agro-biotechnological sector has led to the introduction of genetic farming techniques such as use of genetically modified [GM] seeds and developing transgenic varieties. The traditional farmers who practise indigenous and age-old techniques of agriculture play a major role in the sustainable development process by ensuring that the demands of the present generation are met without compromising the needs of the future. With the agro-biotech companies developing newer varieties and seeds by genetic modification, the crop production and crop resistance have considerably improved. However, such genetic farming methods and techniques are posing greater challenges to the environment as well as the livelihood of farmers. On the one hand, these inventions may lead to loss of genetic biodiversity and causing the issues of genetic pollution, gene drift, monoculture, emergence of super weeds etc. On the other hand, the legal protection given to these GM varieties poses serious threats to the conventional farming techniques as well as livelihood of farmers.   The legal protection of transgenic varieties and seeds are covered under the intellectual property [IP] regime where the TRIPS Agreement gives it an open discretion to the member nations to provide Patent Protection or sui-generis protection to plant varieties. This flexibility has given rise to doubts as to the type of IP protection to be provided to such varieties. Although India has adopted a sui-generis model of protection under the Protection of Plant Varieties and Farmer Rights Act, the possibility of patent protection to ‘all kinds of technology’ including the ‘agro-biotech inventions’ is leading the debate on legal protection of transgenic varieties. Therefore, this paper attempts to highlight the legal provisions involved in the Patent Act as well as the sui-generis law to understand the overlap and discusses the ongoing legal battle on patented GM technologies.  This paper also attempts to highlight the impact of IP protected varieties on farmers’ life and environment and suggests the best possible protection that could be provided to these transgenic varieties and other measures under the present Indian IP law regime.
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Authors: Adnan Athar Quraishi, Kahkashan Moheet & Mohd Rameez Raza 

Abstract: The rapid advancement of technologies has opened wide array of possibilities for us. Once engineering, which was limited to machines and other related abiotic segments, has seen some major developments and now we can modify or genetically engineer living organism. This new branch of science is referred to as Biotechnology as is generally defined as; “the utilization of science and development to living creatures, likewise parts, things and models thereof, to change living or non-living materials for the making of information, products, and ventures.” The developments and engineering are extensively time as well as labour oriented which leads to creation of an entirely new form of an organism. Just like any other case, with the novelty comes the risk of piracy and protection. It is for this reason that Intellectual Property Rights are integral to Biotechnology, for not only do they provide the requisite protection but also enables the creator to amass the credits he rightfully deserves. The paper tries to establish and clarify the deep lying relation between Intellectual Property Rights (IPR) and Biotechnology and the potentials that lie ahead. It discusses the various requisites and exceptions to patenting in Biotechnology and further analyses the existing legal frameworks around the world that govern this relationship. Further, it pitches these regulations against the Indian IPR System; and through a thorough analysis draws a conclusion suggesting the future course of further developments in this field.

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