02 Sep IPR Newsletter 2021
LOYAL CONSULTANCY IPR Newsletter
World Bank opposes vaccine intellectual property waiver as WTO talks resume
The Hindu (19/06/2021)
The comment puts the World Bank president, a Trump administration nominee, at odds with the Biden administration.
World Bank President David Malpass said on Tuesday the bank does not support waiving intellectual property rights for COVID-19 vaccines at the World Trade Organisation out of concern that it would hamper innovation in the pharmaceuticals sector. His comments on the subject, made during a call with reporters on World Bank economic forecasts, came as WTO negotiations over the proposed waiver resumed in Geneva. Asked whether he backs a WTO vaccine IP waiver, which India, South Africa and other emerging market countries argue is needed to expand vaccine access, Mr. Malpass said: “We don’t support that, for the reason that it would run the risk of reducing the innovation and the R&D in that sector.” The comment puts Mr. Malpass, a Trump administration nominee, at odds with the Biden administration, which is supporting text-based WTO negotiations for vaccine intellectual property rights, led by U.S. Trade Representative Katherine Tai.
Banaras Hindu University to fund all patents, IPRs for new researches
The Times of India (23/06/2021)
In a significant move to boost quality research, the Banaras Hindu University administration has decided to bear the cost of patent and intellectual property right (IPR) for new research by students as well as teachers. The university has made a panel of eight experts of different fields for this purpose.
BHU spokesperson Rajesh Singh said, “In view of the importance of academic research, the university has decided to bear the expenses of patents. The researchers can get registered for their patents of inventions through the panel of experts set up for this purpose. The expenses of this process will be borne by the university.”
Explained: What are DMCA notices for protection of intellectual property online?
The Indian Express (28/06/2021)
What is the DMCA and how does it ensure implementation of the WIPO treaties? Who can generate a DMCA notice and how are they sent to companies or websites?
Union Minister for Electronics and Information Technology and for Law and Justice Ravi Shankar Prasad Friday was locked out of his Twitter account for an hour allegedly over a notice received for violation of the Digital Millennium Copyright Act (DMCA). The DMCA oversees the implementation of two 1996 treaties signed by World Intellectual Property Organisation (WIPO) member nations.
What is the DMCA and how does it ensure implementation of the WIPO treaties?
The Digital Millennium Copyright Act, or DMCA, is a 1998 law passed in the US and is among the world’s first laws recognising intellectual property on the internet. Signed into law by the then US President Bill Clinton, the law oversees the implementation of the two treaties signed and agreed upon by member nations of the World Intellectual Property Organisation (WIPO) in 1996. WIPO members had in December 1996 agreed upon two treaties, namely the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Both the treaties require member nations and signatories to provide in their respective jurisdictions, protection to intellectual property that may have been created by citizens of different nations who are also co-signatories to the treaty. The said protection, accorded by each member state, must not be any less in any way than the one being given to a domestic copyright holder. Further, it also obligates that signatories to the treaty ensure ways to prevent circumvention of the technical measures used to protect copyrighted work. It also provides the necessary international legal protection to digital content.
BPCL’s R&D centre bags 80 patents in 20 years; over 50 more pending
Business Standard (04/07/2021)
BPCL has bagged as many as 80 national and international patents in the past two decades, and approvals for 53 more filings are pending.
State-owned Bharat Petroleum Corporation Ltd (BPCL) has bagged as many as 80 national and international patents in the past two decades, and approvals for 53 more filings are pending, for various innovations including the world’s cheapest and the fastest crude oil assaying tool BP Marrk. Its research and development (R&D) centre, located at a 68-acre sprawling campus at Greater Noida in Uttar Pradesh, has won 18 patents in the past 12 months alone. BPCL has an annual budget of Rs 80-100 crore for R&D. “Over the past two decades, we have won as many as 80 patents, and 53 more are pending for approvals. Between July last year and now, we have secured 18 patents,” Arun Kumar Singh, director (refineries and marketing) at BPCL, told PTI on Sunday.
Amul wins its first trademark violation case outside India
The Times of India (11/07/2021)
Canada has recognised ‘The Taste of India’. The Intellectual Property Appellate Board of Canada recently accorded trademark status to India’s homegrown dairy giant Amul.
The country’s largest co-operative will also be awarded damages to the tune of Canadian dollar (CAD) 32,733 after it won a trademark violation case filed in the Federal Court of Canada. It is the first such case that Amul had filed against any company on foreign soil.
The Kaira District Cooperative Milk Producers Union Limited (popularly known as Amul Dairy) and the Gujarat Co-operative Milk Marketing Federation (GCMMF) that markets brand Amul had moved the Federal Court of Canada against Amul Canada and four others — Mohit Rana, Akash Ghosh, Chandu Das and Patel (The first name not know). In January 2020, Amul learnt that the group had blatantly copied the trademark ‘Amul’ and the logo of ‘Amul-The Taste of India’ and created a fake profile on social media platform LinkedIn.
Over 100 academic & IP experts sign an open letter in support of TRIPS waiver
The Times of India (14/07/2021)
After patient groups and civil society organisations, over 100 global academic and intellectual property (IP) experts have now backed the TRIPS waiver, jointly proposed by India and South Africa at the World Trade Organization (WTO). If adopted, the waiver is expected to provide countries with critical policy space to address IP barriers to increase collaboration in research and development, manufacturing, scale-up, and, hence boost supply of Covid-19 medicines and vaccines. “IP rights – including patents, copyrights, trade secrets and other undisclosed information – are not, and have never been, absolute rights and are granted and recognised under the condition that they serve the public interest. IP rights must not be allowed to stand in the way of measures designed to make accessible the health technologies needed to fight the COVID-19 pandemic, where universal global access is essential for the global public good,” they said in an open letter.
Govt launches innovation training programme for 50,000 teachers
The Hindu Business Line (16/07/2021)
SIATP to inculcate on innovation, entrepreneurship, IPR, design thinking, product development, idea generation etc.
The Education Minister Dharmendra Pradhan and Tribal Affairs Minister Arjun Munda on Friday jointly launched the ‘School Innovation Ambassador Training Program’ (SIATP) for 50,000 school teachers. The programme aims to train these school teachers on innovation, entrepreneurship, IPR, design thinking, product development, idea generation etc. “The teachers are the biggest influence in our lives. He said that we aim to make our teachers, change-agents and ambassadors of innovation to make our students future-ready,” said Pradhan. He stressed that technology is reshaping the world and our students can address not only domestic but also global challenges. The program launched is a collaborative effort by the Ministry of Education’s Innovation Cell, Ministry of Tribal Affairs, CBSE and AICTE, which will in turn nurture lakhs of students with innovation capabilities, develop a culture of innovation and lay the foundation of a new and vibrant India, he added.
WHO boss says vaccine IP waiver not a property ‘snatch’
The Times of India (22/07/2021)
The World Health Organization on Wednesday sought to reassure pharmaceutical companies that a proposal to suspend patent rights on Covid-19 vaccines was not a bid to “snatch” their intellectual property rights. With more than four million dead and the toll likely to reach much higher, WHO Director-General Tedros Adhanom Ghebreyesus said vaccine makers should be offered incentives in return for temporarily waiving their rights.
Compulsory licensing mooted to meet scarcity of Covid vaccines, medicines
The Hindu Business Line (23/07/2021)
Panel also urges Centre to undertake a holistic review of IPR policy in India
The Commerce Standing Committee of Parliament has asked the Centre to undertake a holistic review of the intellectual property rights (IPR) policy in the country. The panel also recommended “compulsory licencing” to manufacturers to meet the scarcity of vaccines and medicines during the Covid-19 pandemic, besides suggesting amendments to Indian Patent Act, the Trade Marks Act and the Copyright Act to meet contemporary necessities. In a report titled ‘Review of Intellectual Property Regime in India’, the panel said re-assessment of the IPR policy is imperative in the wake of new and emerging trends in spheres of innovation and research which requires concrete mechanisms to protect them as IPRs. “The review also acquires salience to identify the existing challenges in the implementation of the policy and the corrective measures that need to be taken for its effective execution,” the panel said in its report tabled in both the Houses of Parliament on Friday. Recommending a holistic review, it said revisiting of policy should help in evolving a robust IPR regime.
Parliamentary panel bats for revival of IPR appellate body
LiveMint (26/07/2021)
The bipartisan parliamentary standing committee on commerce has recommended re-establishing the Intellectual Property Appellate Board (IPAB), which was abolished through an ordinance earlier this year, given its pivotal role in adjudicating intellectual property rights (IPR) appeals and cases.
The abolition of the specialized tribunal handling complex issues related to IPR may create a void in appellate resolution of cases, driving them to commercial or high courts, increasing pendency of cases, the panel observed. “The committee also opines that an inordinate delay in the appointment of officials at higher levels and the resultant pause in the functioning of the IPAB affected its optimal performance. The committee, therefore, recommends to the government that IPAB should be re-established, rather than being abolished, and should be empowered and strengthened with more structural autonomy, infrastructural and administrative reforms, as well as ensuring timely appointment of officials and experienced manpower,” the panel headed by Rajya Sabha MP from Andhra Pradesh, V. Vijayasai Reddy, said in its report titled ‘Review of the IPR Regime in India’.
Established in 2003, the IPAB was the appellate tribunal on decisions of the controller of patents, the registrar of trademarks and geographical indications under the Trade Marks Act, the Geographical Indications of Goods (Registration and Protection) Act and the Copyright Act. However, through the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the IPAB was abolished along with four other tribunals on 4 April.
Govt seeks stakeholder inputs on IPR issues in trade pact with UK
The Economic Times (28/07/2021)
The government on Wednesday sought suggestions from stakeholders and industry bodies on intellectual property rights (IPR) issues in the proposed India-UK Enhanced Trade Partnership. The Department for Promotion of Industry and Internal Trade (DPIIT) said that IPR plays a critical role and this agreement would be of significant importance to IP intensive industries, both creative and technology driven. “In this context, the department is carrying out consultations on future trade negotiations between India and UK, which will last for a period of one month,” DPIIT said, asking the stakeholders to submit the details latest by August 10, 2021.
Naturals ice cream owner gets HC relief in trademark case
The Indian Express (30/07/2021)
The plea sought to restrain the defendant Gujarat-based company for using the same trade name for their products and seeking nearly Rs.150 crore damage compensation for infringing its trademark.
In a relief for the popular ice cream brand ‘Naturals’, the Bombay High Court has restrained a Gujarat-based firm with a similar name from using the word “natural” for its ice cream or any other related product until further orders. A single-judge bench of Justice Gautam S Patel on July 26 was hearing an interim application in a commercial intellectual property (IP) suit filed by Raghunandan Kamath promoted firms Siddhant Icecreams LLP and Kamaths Ourtimes Icecreams Pvt Ltd against Manjalpur (Vadodara) based ‘Natural Ice Cream’. The plea sought to restrain the defendant Gujarat-based company for using the same trade name for their products and seeking nearly Rs.150 crore damage compensation for infringing its trademark.
IIT-Bombay records 68.5% jump in intellectual property filings
Hindustan Times (07/08/2021)
The Indian Institute of Technology-Bombay (IIT-B) recorded a 68.5% jump in its applications for intellectual property in 2020-21, even as the Covid-19 pandemic shut down the institute and affected grants. The total intellectual property filings, including patents and trademarks, grew from 156 last year to 263 this year. The institute also saw a 45% increase in the number of Indian patents filed this year compared to last year. Researchers in the institute filed almost three times the number of patent applications in the United States compared to last year. In 2020-21, the institute filed for 141 Indian patents and 17 US patents. Of these, 110 Indian and eight US patents have been granted. In comparison, 97 Indian and six US patent applications were filed in the previous year.
Delhi HC restrains kitchenware firm from infringing ‘Amul’ trademark
Business Standard (21/08/2021)
The mark used by the defendant company is not registered and is being illegally shown as a registered mark, the high court said. The Delhi High Court has restrained a company from using ‘Amul’ on its kitchenware products as it is deceptively similar to the trademark of the Gujarat Cooperative Milk Marketing Federation Ltd. The mark used by the defendant company is not registered and is being illegally shown as a registered mark, the high court said. This is a clear case where grant of ad interim relief exists, it said and added that such representation also amounts to a fraud on the public. The suit said the Gujarat Cooperative Milk Marketing Federation Ltd is the registered holder of the well-known trademark ‘Amul’ used in milk and milk products. Justice C Hari Shankar issued summons to Maruti Metals on the suit filed by the milk marketing federation which alleged infringement by the defendant company by using its mark ‘Amul’ in context of kitchenware and utensils. The court said the word ‘Amul’ is distinctive and has no etymological meaning, and it is indelibly associated in the minds of the consuming public with the products of the plaintiff — Gujarat Cooperative Milk Marketing Federation Ltd. “Prima facie, any use of the word ‘Amul’ as a trademark by any other entity may tantamount to infringement,” it said.
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