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Intellectual Property Delivered. Initiative of the Centre for Intellectual Property Rights, NUALS


June 2020

Patentability of Life-saving Drugs

By, Shubhank Suman INTRODUCTION In developing countries, millions of people still have little or no access to lifesaving drugs, and the main reason for it is patent. A patent that confers certain legal rights on inventors and gives them absolute… Continue Reading →

Patents and Covid-19: Compulsory Licensing as an alternative to Revocation in Public Interest

Neeraja Seshadri and Amala Govindarajan discuss the instances where patents have been revoked in the public interest, and have argued that compulsory licensing is a more feasible alternative to the former, in light of the current pandemic.

Unclear Stand of Olfactory Marks in Trademarks World

Shubhank Suman gives a comprehensive outline about olfactory marks and the concerned legislations in India, US and the EU. The author has also summarised the challenges to bringing about a law on the subject and the necessity for one.

The Conundrum of Protection of Idea vis-à-vis with Copyright and Patent

By, Shubhank Suman   Idea defines as a “thought or suggestion to a possible course of action”[i] which is an essential first step toward any inventions or literary works. Nothing can or will occur without an idea, so ideas are… Continue Reading →

Disney’s Inside Out: A Review of Daniels v. Walt Disney Co.

Shrudula Murthy and Karthik Subramaniam, in detail, analyse the recent decision ” Daniels v. Walt Disney Co” by The United States District Court for the Central District of California.

Patentability of Inventions by AI Machines: Issues of Inventorship and Ownership

Third-year law students Kunal Bhardwaj and Rachit Tapati discuss the concepts of inventorship and ownership of inventions by AI, as part of the continuing conundrum of whether AI can hold patents as inventors.

The Undefined Concept of Originality under the Copyright Laws

Kopal Chaturvedi analyses the evolution of the concept of “originality” in copyright laws. The author gives a comprehensive account of various theories and doctrines developed by courts over time.

Viability of the Hot News Doctrine Today

Shubhank Suman explores the relevance and growth of the “Hot News” or the INS doctrine in an era of excessive information. The potential of the doctrine and the challenges to the same in India is the key focus of this article.

Trademark Infringement vis-à-vis Manufacturing of Automobile Spare Parts

By, Yash Raj and Smriti Shukla The Automobile Sector has been the subject of numerous trademark infringements by various third party spare parts manufactures. The prevalent trade practice among the automobile manufacturers is that they either manufacture the spare parts… Continue Reading →

Is Statutory Licensing of Music the Only Remedy to Eliminate Anti-Competitive Behaviour of Music Right Owners?

Neha Uppin examines recent developments in the Copyright Act and landmark decisions with respect to statutory licensing and its impact on the Indian music industry. The article focuses on the intersection and conflict between Copyright law and Competition law and in finding a balance between the two.

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