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The Doctrine of Laches in Copyright vs Patent Law: Analysis through the Lens of USA’s Legal Framework
[This piece has been authored by Ishita Chandra, a student at the Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.] INTRODUCTION It is a fundamental principle of administration of justice that the courts will aid those who are vigilant and who do not sleep on their rights. Claims which have been delayed unreasonably in being…
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Gene Patents Across Borders: A Global Outlook
[This piece has been authored by Dhairya Kumar and Manas, students at the Dr. Ram Manohar Lohiya National Law University, Lucknow.] Introduction: The fundamental structural and operational component of heredity is a gene. DNA-based genes serve as instructions for creating proteins, which are molecules. Every gene is present in two copies, one from each parent,…
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An Analysis of the Patentability of Biological Products and Bioethical Issues pertaining to Intellectual Property
The author deep dives into bioethical concerns such as consent and other disclosures of interested parties in the development of bioproducts and also the requirements of novelty and innovativeness under patent law.
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Analysis of the Test of Obviousness under Indian Patent Law in light of Artificial Intelligence
[This post has been authored by Dhruv Yadav, a student at Jindal Global Law School.] Introduction With the onset of machine learning and artificial intelligence, the realm of technology is undergoing a drastic revolution. This progression does not only affect the information technology sector but has repercussions that are ubiquitous. The effect of AI on…
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Patenting Issues for Covid-19 Antibodies in India
[This post has been authored by Debaditya Duttagupta, a student at the National Law University, Odisha.] Introduction There are more than 100 COVID-19 treatments in various stages of trials, approval and rollout across the world with antibody treatments are becoming one of the most popular drugs. Accordingly, one of the top-selling drugs of 2019 was…
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Reasonable Royalty Base: The Never-Ending Dilemma in Licensing of SEPs
[This post has been authored by Pranay Dixit and Daanish Dube, students at Jindal Global Law School.] Introduction Since the 1990s, the Internet of Things (“IoT”) has been largely facilitated by the evolution of Standard Essential Patents (“SEPs” ). SEPs can be defined as patents that are essential to the implementation of a particular industry…
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FTC v. Qualcomm: A Flawed Judgement?
[This post has been authored by Daanish Dube and Pranay Dixit, students at Jindal Global Law School.] Factual Background On 9th August 2020, the 9th Circuit Federal Court of the United States (the “Court”) gave a decision involving the Federal Trade Commission (“FTC”) and arguably, the world’s biggest tech giant – Qualcomm Inc. According to…
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Reverse Payment Patent Settlement Agreements: Revisiting Non-Cash Value Transfers
[This post has been authored by Juhi Hirani, a student at the Institute of Law, Nirma University.] Introduction Patent rights are recognized as a reward for the inventor’s investment and innovation. In the pharmaceutical industry, such an exclusive patent right for a limited period plays an important role due to the quantum of investment in…
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Brompton Bicycle Case unfolds: CJEU grants Copyright Protection to Functional Designs
[This post has been authored by Neha Mehta, a student at Kirit P. Mehta School of Law, NMIMS.] Quoting Robert L. Peters, “Design creates culture. Culture shapes values. Values determine the future.” Designs are a way of expressing one’s thought and creativity. Protection of functional shapes is not a mere concern of patent law.…
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Patent Trolling in India: The Dark Side of Intellectual Property Law
[This post has been authored by Shubham Gupta, a student at National Law University Odisha.] Introduction The recent case of Labrador Diagnostics LLC v. BioFire Diagnostics, LLC et al, filed in the United States District Court for the District of Delaware against the coronavirus tests over the allegation of patent infringement reveals the dark side…
