The Aftermath of Change: The Abolishment of the IPAB and the Establishment of the IPD

By Saiesha Dhawan (Intern at Excelon IP) Introduction  The Intellectual Property Appellate Board (IPAB) was abolished in April 2021 with the passing of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, despite a number of representations to keep the IPAB operational. What led to the end of this 18-year-old board is still unclear;[…read more ]

Significance of Performers’ Rights in India: Identifying the Vacuum in times of Digitisation

By – Megha Rathore (INTERN)  Introduction The Evolution The Copyright law across the globe was silent on the performers’ rights for a really long time. The delay in recognizing the rights, as understood by Adam Smith, was for two reasons. One, the performers- actors, musicians, opera- singers/dancers, etc. were considered examples of unproductive labour and[…read more ]

India: Copyright Societies & Their Roles

The following blog discusses Copyright Societies and their functions, meaning, registration in India, active copyright societies in India as well as collection & distribution of monetary value (as commission & royalty) by copyright societies. Copyright societies are formed collectively by a group of authors and other owners of such copyrighted works. Copyright society manages and[…read more ]

PATENTING NANOTECHNOLOGY: EXPLORING THE ISSUES AND CHALLENGES

By-Nishi Rajput WHAT IS NANOTECHNOLOGY? Among emerging technologies, nanotechnology is one of the most prominent examples and it creates high expectations in a wide range of fields affecting daily life. Nanotechnology is a science that operates on an extremely small scale because it uses the so-called nanometric size, which ranges from 1 to 100 nanometers,[…read more ]

START-UPS AND INTELLECTUAL PROPERTY RIGHTS: KEY ASPECTS

By Amishi Sodani Abstract:  This article explains the interplay between startups and Intellectual Property Rights, emphasizing the benefits to start-ups upon receiving intellectual property protection. It discusses the important Intellectual Property Rights that affect startups that are, patents, trademarks, industrial designs and trade secrets. The article also discusses the significance and relevance of building an[…read more ]

Defending Innovations against Patent Trolls: Why India has an Upper Hand

By Noella Abraham Abstract: Patent trolls are Non-Practicing Entities (NPEs), who don’t produce anything of value, neither do they use or sell new products or technology. They merely acquire patents to obtain licensing rights, which they enforce against other companies by charging unreasonable licensing fees, the alternative being expensive litigation on grounds of infringement. The[…read more ]

A SECRET WELL KEPT: FRAMEWORK FOR PROTECTION OF TRADE SECRETS UNDER INDIAN LAW

By Amisha “If a man is keeping an idea to himself, and that idea is taken by stealth or trickery, it is stealing. But once a man’s idea is revealed to others, it is no longer his alone. It belongs to the world.”        -Linda Sue Park Abstract: Trade secrets of an organization must be kept[…read more ]

Plants and Related Intellectual Property Rights: Broader View Towards Patent Landscaping

By Dhwani Rana When it comes to addressing the leading global concerns, agricultural biotechnology tools have so far offered robust approaches. The pragmatism and expediency of plant molecular biology in improving and sustaining comprehensive human health can no way be overlooked and disregarded. Often as a mediocre, there has always been this inquisitive question as[…read more ]

National Guidelines on CRISPR–Gene Therapy in India and Patenting Process

By Abhishek Parmar Biomedicine has undergone major transformational changes over the past few decades, from personalized medicine to evidence-based and targeted therapies which is a result of amounts of investments in the field of Genomics and molecular biology. Gene therapy is one such area of biomedicine that has shown great potential for the treatment of[…read more ]