1. REVERSE PAYMENT SETTLEMENT: AN AGREEMENT THAT CREATES A TUSSLE BETWEEN THE INTERPLAY OF IP & COMPETITION LAW
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.
2. PATENTING OF LIFE FORMS: A COMPARATIVE PERSPECTIVE
Authors : Shivani Bisht, Manika Sharma & Anand Vimal
4. TRIPS AGREEMENT: TRADE AND PUBLIC HEALTH TAKE SHOTS ON EACH OTHER
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
5. IT’S ABOUT TIME WE ADDRESSED TIKTOK’S PROBLEMATIC IP STRATEGY
Author : Dipak Cherian Abraham
6. PHOTOCOPY: A CIRCUMVENTION OF COPYRIGHTS
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.
7. INTELLECTUAL PROPERTY OF AN ARTIFICIAL INTELLIGENCE DEVICE: ISSUES AND CHALLENGES
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.
8. INTERACTION BETWEEN INTELLECTUAL PROPERTY AND COMPETITION LAWS
9. AT THE CROSSROADS: LEGAL PROTECTION OF ‘TRANSGENIC VARIETIES’, ‘FARMER’S RIGHTS’ AND ‘PLANT GENETIC DIVERSITY’
Author- Aswini Anjana V. & Mariya Fatima
10. BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS: UNDERSTANDING THE DOMANIAL IMBRICATION
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.