Posts Tagged: "India"

Who Owns Basmati Rice? India and Pakistan Battle for GI Rights

A decade-long legal battle over the fragrant, long-grain Basmati rice is heating up between neighboring countries, India and Pakistan. Both countries are attempting to claim exclusive ownership over Basmati in the lucrative European market, and the battle is now coming to a boil. Geographical Indications (GIs) establish intellectual property rights (IPRs) for products that originate from specific regions and attribute qualities, reputation or other characteristics linked to the geographic area. GIs are covered under the Paris Convention for the Protection of Industrial Property, and is also governed by the World Trade Organization’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Indian Vaccine Economics: IP Rights are Not the Real Villain in India’s COVID-19 Emergency

The horrific second wave of COVID-19 in India has compelled the government to introduce an expedited vaccination drive from May 1, 2021, where all citizens above the age of 18 (and not just priority groups) will be eligible to register. The program also came with the promise of an introduction to several new vaccines in the market. A majority of the states also decided to roll out the vaccine for free. Unfortunately, reports that stock had run out followed shortly in several states. States like Maharashtra and Delhi had to keep the drive on hold. Bengaluru also faced supply problems ahead of the drive. A popular proposition is that patent restrictions and exclusivity of “know-how” are a barrier to adequate production of vaccines.

India and South Africa’s COVID Vaccine Proposal to the WTO: Why Patent Waiver Must Be Considered Over Compulsory Licensing

While coronavirus spent the majority of 2020 wreaking havoc on earth, pharmaceutical companies have been busy at work trying to invent a vaccine to combat it. Several companies, such as Pfizer, Moderna and AstraZeneca, have competed neck and neck to be the first to deliver a cure to the world. Renowned pharmaceutical companies have been successful in developing the vaccine, which will be protected under the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS).

Curtain Call For Computer Related Inventions in India: An Analysis of the Ferid Allani Case

The precedent with respect to the patentability of Computer Related Inventions in India ranges from little to non-existent; but not for lack of trying. In December 2019, the High Court of Delhi in Ferid Allani v. Union of India (2009 SCC Online Del 11867) examined the rejection of a patent by the Indian Patent and Appeal Board (IPAB) to a Computer Related Invention (CRI).

Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in such a short time. Copyright infringement through social media turned out to be one such issue. At a time when so many industries are facing losses both in terms of work and revenue, the newspaper industry in India has not been spared. The newspaper companies have lost a large number of subscribers to their physical newspapers due to fear of the spread of COVID-19. Recently, a national Indian daily newspaper published a news article stating that sharing PDF copies of an e-newspaper on messaging apps is illegal and that group admins and individuals can be held liable for unauthorized circulation.