- Scrutinizing TRIPS flexibilities vis-a-vis Pharmaceutical patents, Globalization and Covid-19 Patent waiver anathema.
Author: Danish Khan
ABSTRACT: “He who has health has hope; and he who has hope, has everything.” In October 2020, India and South Africa, along with 57 members of WTO posed a waiver from certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in order to prevent, contain and treatment of Covid-19 as a public health emergency that was later backed by BRICS nations. Critics argue that TRIPS on account of neo-Liberal foundations lays much more distress on developing countries for essential medicines than developed nations. The trade-IPR and Public good-IPR have been a traditional debate clouding Medicine-patent politics. Though, It is an evident fact that the Doha declaration was able to satisfactorily allow developing countries to liberalize interpretation of Provisions Of TRIPS for public health purposes instead of restrictive interpretation but what still remains a bone of contention is the increasing impact of Globalization on Provisions of TRIPS in concern to Public health. Rich-country governments, under pressure from large companies, are backing out on their promises and seeking to water down potential solutions. Therefore, TRIPS in the modern neo-liberalism era has put developing countries at more risk than the developed nation for essential medicine. Also, TRIPS in the large-scale Globalization post-1990 has allowed pharmaceutical monopolization on the Global level causing domestic pharmaceutical companies to suffer. In this paper, I have analysed the TRIPS agreement in relation to Public Health with context to the affordability of medicines and access to crucial essential medicines, especially in relation to developing or under-developed countries. I have also looked into patent-medicines issues arising in the Covid-19 pandemic and how globalization has impacted the same.
2. Need of incorporating a ‘fluid trade’ mark under trademark legislation in the digital era.
Author: Archana Das
Abstract:Fluid Trademarks are marks based on original trademarks but they have changed according to the variations made in the original trademarks and the target remains the same with some differences and exhibits elements of the original mark which are identifiable by the consumers. They can also vary with the words or letters with the same product also. All of these comes under fluid trademarks. fluid markings increase brand recognition. Fluid marks are a wonderful marketing technique that is more than just a trademark. The changing nature can be misused by any other competitor in the market and thus create confusion in the minds of consumers on the actual validity of the trademark. The inconsistency in the use of the original trademark may undermine the distinctiveness of the brand. In India, it is not explicitly provided protection for fluid trademark. Fluid trademarks provide an identity to a brand and they help in increasing its market value. Therefore protection should be brought under the trademarks act. The research analyses the issues and nature concerning fluid trademarks under trademark legislation and their importance in the digital era.
3. Ferid Allani case: Where did India fail in spite of granting the patent.
Author: Shivangi Pandey & Balaji K. Jothi
Abstract: The Ferid Allani case which was responsible for changing the understanding as to S. 3(k) of The Indian Patent Act, 1970 witnessed a variety of loopholes in the way how the concept of “prior arts” was dealt with in India. Inventive step is an essential component to getting a patent in India but the judgment only gained clarity on the fact that S. 3(k) does not bar computer software to get a patent after years of rejecting such disposition. But what the case failed in ascertaining was the sole element of novelty and how was it ascertained in this particular case. India as a developing country has always been hesitant in the adoption of proper IPR norms and once again this judgment which came years after the same technology was granted in some of the developing nations reflects that Indian jurisprudence is yet not accustomed to the grant of patents on some of the major technologies. This is why it is essential to understand why this case in spite of being a landmark case has raised a lot of criticisms and what problems it might lead to in future.
KEYWORDS: Internet, prior art, novelty etc.
4. Protection Of Geographical Indications In Food Products: A Study Of The World & India
Author: Ipsita Sarkar
Abstract:Geographical Indications (GIs) protection has arisen as one of the most contentious intellectual property rights (IPR) problems in the realm of the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The protection of geographical indications (GIs) assists producers in defining common quality standards while emphasising the regional origin of food items with specific attributes. Today's food markets are witnessing an increase in customer interest in items with different geographic origins, which is evident in supermarkets, where such geographically derived products are increasingly displayed. There is currently about 10,000 protected GIs throughout the world, with a trade worth of over US $50 billion. GI denotes a link not just between a product and its specific location of origin, but also between its unique manufacturing methods and defining characteristics. Thus, the aim of the paper is to draw attention to the geographical infrastructure of this expanding regulatory system and more fully reveal the interests served by the GI model in the world of food.
KEYWORDS: Geographical Indications, Protected Food Names, Product Standard and Differentiation
5. IP of an AI Device: Issues and Challenges- Part 2.
Author: Kanupuri Sri Hamsa, Sri Vaishnavi .M.N & Yepuri Sai Chaitanya
Abstract:The researchers would be working on the present paper in continuance of previous paper “Intellectual Property of an AI Device- Issues and Challenges.” To put the pertinent issue in the limelight, the researchers have previously issued various aspects of an AI Device such as the technological evolution, the legal case laws which took place due to the incompatibility of the patent of an AI Device and ultimately, the choice of an individual, which plays a very important role in the clocks of everyday lives. In continuance of the previous paper, the researchers would like to discuss further aspects on the topic whereby we would be focussing on the crucial aspects of juncture between an algorithm, business model or a mathematical formula and the frontend product which the market receives. The researchers firmly believe that the society works in a greater indispensable synchronization and technology, as a factor, should help for the greater cause. Technology is developing at a rapid pace. Newer software’s are getting released every fall and various technological giants are inventing constantly for the necessities of mankind and mother Earth. Strikingly, the question that we are analysing today would be “Are the supporting systems, such as the legal policies and frameworks, really welcoming the newer technologies which are being released?” Additionally, we would also work on the question “Whether the intellectuality of an individual or an entity has an indirect right over the privacy, choice of an individual or a group of people?” to which primarily the researchers are in a state of inquisitiveness as to which concept prevails entirely and lastly, we would still be discussing the present issue of granting an intellectual property to an AI Device. The researchers would further work on broader legal complexities in India for the evolving technology in Artificial Intelligence.
6. OLD SONGS ARE THE NEW TRENDS
Author: Kanishka Bubna & Jaanvi Chopra
Abstract: Music is food for the soul; a statement which will be agreed to by everyone who believes that music is a timeless creation created to touch the soul. While we age listening to songs which are old and which always remind us of younger happier times, we have now started coming across remakes or remixes of the same songs with faster and peppier beats to attract our attention but only as much as we relate the new remake to the older original version of the song. It is an established fact that the publisher and/or the label of the song owns the copyright of the song. However, this paper seeks to delve into the finer aspects of what is the legal standing of the authors of underlying works who contributed to creating the song. This present essay introduces the readers to the concept of music and remixes followed by explaining and quoting legal provisions related to the same only to draw a parallel to what actually goes down in the music industry based on an entirely doctrinal research method undertaken by the authors in a meticulous manner in hard and trying times of the pandemic. Another aspect of the research study would be discussing the recent case of unfair treatment meted out to the authors of underlying works of the famous hit number ‘Masakali 2.0.’ The researchers on the whole try to bring out the provisions specifically pertaining to music remixes and how they pay a major role in the nascent stages of planning to come up with a musical work.
7. The Convergence of Biotechnology, Nanotechnology and Information Technology."
Author: Kanupuri Sri Hamsa & Sri Vaishnavi .M.N
Abstract: The convergence of Technology leads to miracles. Miracles, the humankind has never imagined and it is only a start-up element for the infinite development that is to be achieved. We would like to consider the view of our Hon’ble 14th Prime Minister of India, Shri Narendra Modi, who has said that “Convergence of Technology is important. One people, one mission and one nation.” With a broader view of the capability of technology, it is also something that the Former President of India, Dr A.P.J. Abdul Kalam has considered and stated wherein he said that “I saw how two different sciences are shaping each other without any iron curtain between the technologists. This reciprocating contribution of sciences to one another is going to shape our future and industry needs to be ready for it.” Definitely, this is something that the industry and the future of mankind need to be ready for, but the vital essence of our paper today deals with the aspect of the Legal Environment which has been provided for the convergence of technology, especially biotechnology, nanotechnology and information technology. The aim of this paper is to understand the essence of services that these technologies do provide, wherein it is necessary to remind ourselves, that at the end of the evening, technology is for ease of living for humans. This paper also concentrates on the aspects of various provisions and enactments which are existing in India and the interpretation of various Courts on Landmark Case Laws in India which provides us with a wholesome view of the extent of such facts which determine whether the laws in India are friendly or open towards this convergence of Biotechnology, Nano-technology and Information technology. To rule this out in further contexts of this paper, we will try to establish the convergence of technologies.
8. Geographical Integration - An emerging IPR
Author: Yashwant Yadav
Abstract: Every region has its name and fame. In the case of certain goods attributable its characteristics and qualities indicate some geographical locations and reputable to “as created of a particular region” come under geographical indications. It can be considered that an emerging trend in Intellectual Property is “Geographical Indications”. The present research work has reflected the knowledge and understanding of the current scenario of geographical indications in India.
9. PhonePe Pvt. Ltd. V. EZY Services ANR.: A Primer For Future Trademark Disputes
Author: Suchint Krishna
Abstract: A term or phrase must not be generalized or a ubiquitous term in business, nor can it be identifiable by consumers as denoting the type/ standard/ persona/ deliberate objective of particular goods/services, as per Indian trademark legislation. The regulatory framework's objective and mandate are to assist businesses by allowing them to take control of their branding and offerings. It's possible for two or even more businesses to share a remarkable likeness in terms of title, symbol, style, and other elements. It is critical to eliminate any prospective discrepancy at this juncture, both for the sake of ownership entitlements and for the good of customers who could be confused as a result of the overarching confusion. When the two companies in question operate in the same industry or provide services that are equivalent, the mounting worry is compounded. The PhonePe vs. BharatPe conflict was a recent example of this type of dispute. Both companies offer comparable online services, and owing to the suffix 'Pe,' one may simply be mistaken for the other. This situation hampered corporate rivalry and caused more perplexity than was initially assumed. The author, through the following case comment, will aim to decode the logical inference arrived at by the single-judge bench. In furtherance, an analysis will be made of the three-pronged approach taken by the bench in order to arrive at a conclusion in a more cogent manner.
KEYWORDS: Trademark, Confusion, Suffix, Dispute