Trends in Intellectual Property Research
Trends in Intellectual Property Research (DOI: 69971; ISSN: 3007-8539 (Online), 3007-8520 (Print) publishes research papers, review papers, case comments and books reviews related to all aspects of intellectual property law, including but not limited to patents, copyrights, geographical indications, trademarks, trade secrets, industrial design, layout design of integrated circuit, unfair competition, and antitrust. Trends in Intellectual Property Research is a refereed journal, and all published articles are peer-reviewed.
Legal and Historical Perspective of Plant Breeders Rights Act of Pakistan
Pakistan is an agricultural country and numerous plant varieties have been developed indigenously by local scientists. There was a long felt need to introduce any sort of protection mechanism for these novel plant varieties to protect the research and development (R&D). Being a World Trade Organization (WTO) member, Pakistan acceded to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995, and since then, legislation was due to protect the rights of breeders of new plant varieties. In 2016, the Government of Pakistan passed the Plant Breeder’s Rights Act (PBRA), in alignment with the International Union for the Protection of New Varieties of Plants Convention of 1991 (UPOV), balancing the interests of biotechnology companies and traditional plant breeders. The current study highlights Pakistan's strengths and areas that still require improvement to meet the nation's demands for plant variety protection.
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Although no "absolute" definition exists, a human digital twin (HDT) may be defined as a virtual physiological copy or counterpart in digital world of a real person existing in the physical world having active connection between the human and his corresponding twin in metaverse. The current study aims to explore the intellectual property rights (IPR) challenges of HDTs. Previously discussions on HDT have mostly focused their potential use in health system for predictions of diseases nearly ignoring the patent associated with them. Current study highlights patent landscape analysis of HDT indicating current trends in HDT patents and future scenario of this technology.
Improving Indicators in Intellectual Property Rights Enforcement in Pakistan: A Study of Impact of Integrated IP Management Model
This study highlights the present situation of enforcement of Intellectual Property Rights (IPRs) and its improvement as an impact of implementation of integrated IP management system in Pakistan. The key initiatives taken by the national government and the organization to achieve the target have been discussed in this study. The major steps include centralized IP administration, new IP legislation, up-gradation of IP Laws, introduction of special IP courts as IP tribunal, capacity building of IP personnel, digitization & automation, cooperation & interaction between law and enforcement agencies & departments, accession to international treaties and IP awareness across the country etc. The aforesaid actions made positive image of the country in IPRs situation by improvement in global IPR ranking index.
This research analyses the effect of patent regime on ChatGPT and proposes possible explanations to avoid these concerns. Intellectual property rights in general and patents in particular are very importance in the innovation ecosystem. Since ChatGPT is being increasingly used in patent perspectives suggesting various solutions, naturally there should be mechanisms to cope with its implications. At a broader level, ChatGPT can accelerate preparation of patent application, prior art search, and patent examination slashing costs and time while minimizing the system mistakes. ChatGPT can assist patent attorneys work more professionally and make more precise diagnoses, thus improving their productivity. It, however, is also raising concerns in stakeholders regarding various legal issues. New legal tools are needed to understand the development, regulation, and implementation of ChatGPT in patent regime to harness the tremendous possibilities of transformation for the better. Legislators and technical experts should join hands to formulate policies that balance the innovation and protect the rights of inventors.
Sattar Buksh Cafe vs Starbucks Coffee Trademark Dispute of Pakistan
This study examines the trademark dispute between global coffee chain Starbucks and the Pakistani café Sattar Buksh. The matter, resolved without formal litigation, highlights the intricate relationship between trademark law, the concepts of dilution and parody, and the tension between brand protection and cultural expression. By adopting a parody-based strategy in its name and visual branding, Sattar Buksh attracted local market attention, ultimately prompting legal action from Starbucks. This research explores the positions of both parties, the applicable provisions of Pakistan’s Trademarks Ordinance, 2001, and the wider implications of such disputes for intellectual property rights in emerging economies.
Copyright (c) 2025 Authors https://creativecommons.org/licenses/by/4.0/
Human Right to Water and Intellectual Property Framework for Achieving SDG 6
Water is a vital part of the environment, and essential for sustaining life for all living organisms. Access to safe water, along with proper hygiene and sanitation, is a fundamental requirement for human health and well-being. According to United Nations, over 2 billion people may face challenges in obtaining safe water by 2025. Hence. it is imperative to ensure water sustainability for future generations. Water conservation initiatives and investing in innovative water technologies can help secure future water availability and promote sustainable development. Intellectual property rights (IPRs) are acknowledged as human rights under several global and national legal provisions, and their importance has significantly increased in the contemporary world. Desalination membranes, low-cost point-of-use filtration, pathogen detection tools, remote sensing and hydraulic modelling software—are protected by intellectual property (IP) rights. Current study explores the relationship between the right to clean water and intellectual property (IP), considering both international frameworks and the constitutional domain of India. This research attempts to establish a link between these two domains—clean water rights and intellectual property rights.
Patent Infringement, and Novelty in Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 C.L.D. 1768)
This research explores the legal and procedural aspects of patent protection in Pakistan in the context of landmark case Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 CLD 1768). The case primarily involves the Patents and Designs Act (II of 1911) and the Patents Ordinance (LXI of 2000), along with the Civil Procedure Code (V of 1908). The study highlights the judicial interpretation of the Patents and Designs Act, 1911, and the Patents Ordinance, 2000, emphasizing the territorial nature of patent rights and the strict grounds for opposition under Pakistan intellectual property (IP) laws. Court rulings, legal arguments, and evidentiary standards, indicate the Lahore High Court's validation of Khawaja Tahir Jamal's float glass technology patent established a precedent for novelty assessment, infringement remedies, and judicial balancing of patent rights against operational realities. The modified injunction by divisional bench allowed AR Rehman Glass continuing production but prohibiting marketing during litigation creating a unique compromise influencing Pakistani IP jurisprudence. The interpre-tation of "novelty” as domestic novelty under the Patents and Designs Act 1911 was due to being non-party to certain international patent treaties including TRIPS Agreement at the time of patent filing and grant.
Intellectual Property, Sustainability and Development: The Case of Morocco's Argan Oil Geographical Indication
Argania spinose yields Argan oil that is culturally, economically, and ecologically significant product endemic in southwestern Morocco. As a Moroccan geographical indication (GI) product since 25 January 2010, Argan oil symbolizes Moroccan history, rural development, and biodiversity preservation. This study explores Argan oil GI recognition, the socioeconomic context of the oil and the legal systems for GI protection band the role played by women's cooperatives. Although GI designation has led to improved quality control and access to global markets, over-commercialization, climate vulnerability, and enforcement challenges persist. This study through case studies, legal analysis, and policy frameworks suggests importance of GI protection for sustainable development and cultural preservation in Morocco.
Intellectual Property Rights, TRIPS and SDGs in Bangladesh
Intellectual property rights (IPRs), when strategically designed and implemented, can support poverty reduction, promote sustainable industrialization, and protect cultural heritage. For Bangladesh, which is set to graduate from the LDC category in 2026, the transition poses a critical moment to align its evolving IP framework with its national SDG commitments. But there’s lots of room for growth and innovation through smart exploitation of IP. This study explores the linkage between IP policies and SDGs by analysing the implications of these policies on different sectors such as technology, health, agriculture and environmental. By examining Bangladeshi legal and institutional structures for IP, and highlighting the system's shortcomings, modifications are recommended to bring IP practices in line with the global sustainable development objective. The research features the potentials and challenges of balancing between public access to necessities and the protection of their IP, particularly in food security, affordable health and clean energy, which play an important role in facilitating the SDGs. A smart, pro-development IP governance based on TRIPS flexibilities, promotion of geographical indications (GIs), support to creative industries and green technology diffusion can materially advance Bangladesh’s 2030 commitments while cushioning post-LDC transition risks.
Indian Perspective of Intellectual Property for AI-Created Works
The frame around every canvas does not restrict the artist but defines the space where creativity can flourish. Without it, the canvas can lose form and the paint may run, rendering the work incomplete. Intellectual property (IP) functions similarly-it protects rather than stifles innovation. However, as the AI era unfolds, this protective frame is weakening. Data used for training AI models doesn’t emerge from nowhere, and not all companies secure valid licenses before using copyrighted content. For instance, Getty Images’ suit against Stability AI, the creator of Stable Diffusion, alleged unauthorized scraping of millions of copyrighted photos. Similar concerns have been raised against Google. These companies often defend their actions as "transformative use," while shifting the burden onto artists to opt out rather than requiring explicit consent. This is especially alarming in a world where intangible assets now constitute 90% of the S&P 500’s total value, compared to just 17% in 1975. AI, contributing much to world economies, especially the £3.7 billion to the UK economy, complicates the matter further. Globally, there is no consensus on AI authorship or liability. In India, laws such as the Copyright Act and Patents and Designs Act provide no clear answers, as illustrated by the recent RAGHAV case. This research begins by situating IP as a structural safeguard for creativity in the digital era. The second section critically examines the legal uncertainty surrounding AI-generated works, focusing on authorship, licensing, and liability under Indian IP law. It draws on Parliamentary Standing Committee Report No. 161, which recommends a separate category for AI-based inventions-an encouraging step. The paper concludes by evaluating international models-particularly New Zealand’s risk-based, light-touch regulatory approach-and argues that India must adopt a similar framework to ensure transparency, provenance tracking, and fair contractual practices between AI developers and users. Only then can we preserve creativity while encouraging responsible technological growth.
IP Dispute Resolution in the Digital Age: An Analysis of WIPO's UDRP Mechanisms and AI Integration
The use of AI in intellectual property (IP) dispute resolution particularly in the framework of the World Intellectual Property Organization (WIPO) is a paradigm shift as far as efficiency and effectiveness of the domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP) are concerned. The role of WIPO as a significant source of institutional ADR mechanisms is discussed in terms of its Arbitration and Mediation Centre and its functions and performance of cases administration procedures. The study highlights the procedural issues of the UDRP that enable owners of trademarks to challenge the bad faith domain name registrations and evaluates the success of the policy in delivering cost-effective and speedy decisions as compared to protracted litigation. The study explores the already existing implementations of the AI, including the case prediction systems within the scope of machine learning (e.g., SCALE and BERT models), and the applications of automated legal reasoning that are aimed at making the process of decision-making more efficient. Through comparative analysis of the AI-assisted and traditional proceedings of UDRP, the research identifies some of its greatest advantages, such as the acceleration of the cases processing, the elevated stability in decision-making, and the possibility to identify patterns in the cybersquatting cases.
On patent searching: the case of 3D-bioprinting
This study offers a commentary on the retrieval of patents related to 3D bioprinting. Patents contain technical information that can’t be retried from other sources. However, it is challenging to obtain this information precisely and comprehensively. A patent search strategy that focuses exclusively on the title and abstract may yield incomplete results, as patent documents possess a distinct intrinsic nature that differentiates them from those found in academic publications. A patent search, limited to the title and abstract, whether in isolation or in combination, may offer only a preliminary, general perspective on a technology and its underlying inventions. For a comprehensive understanding, it is imperative to consider additional elements, such as bibliographic data, including patent classification codes, and claims. The classification symbols are independent of the language used and have the capacity to enhance a patent landscape or patent prior art to a considerable degree.
The Business of Being You: Evolving Law of Personality Rights in India
This article critically examines the development of personality rights jurisprudence in India, charting its progression from incidental protection under existing legal frameworks-such as Article 21 of the Constitution, the Copyright Act, 1957, and the Trademarks Act, 1999-to its recognition as a distinct and autonomous branch of law. Anchored in the common law tort of passing off, the jurisprudence has evolved through a series of landmark judicial decisions involving public figures such as Barkha Dutt, Daler Mehndi, Amitabh Bachchan, Rajnikanth, Anil Kapoor, Jackie Shroff, Arijit Singh, and Karan Johar. The article analyses how Indian courts have gradually expanded the scope of these rights to include not only names and images, but also voice, likeness, gestures, and other unique identifiers-particularly in light of emerging technologies such as AI-generated content. It also explores the evolving legal tools deployed to enforce these rights, including John Doe orders and dynamic injunctions. Through a doctrinal and case law-based analysis, the article argues that the recognition of personality rights in India reflects a growing judicial commitment to preserving individual autonomy, reputation, and commercial identity. At the same time, it underscores the need for a calibrated approach that balances these rights against competing interests such as artistic freedom and public interest in a digitally mediated society.
Sundarban Honey as Geographical Indication of Bangladesh
Sundarban Honey possesses distinctive nutritional, sensory and chemical characteristics that arise from the unique mangrove ecosystem of the Sundarbans. Sundarban Honey met the essential criteria of origin specificity, quality linkage and traditional expertise to get a GI tag. This article examines the ongoing dispute between India and Bangladesh regarding Geographical Indication (GI) tag of Sundarban Honey. It reviews the legal procedure for GI registration in Bangladesh under Bangladesh’s 2013 GI Act and compares the honey’s protection needs with those of Manuka Honey in New Zealand and EU designations such as Miel de Provence. The analysis identifies key challenges in weak institutional capacity, and lack of community organization that led to Indian claims on this product earlier than Bangladesh. It is recommended to strengthen traceability, empower local cooperatives, and enhance cross-border cooperation with Indian Sundarbans stakeholders. Sundarban Honey GI tag in Bangladesh will preserve cultural heritage, support rural livelihoods, advance biodiversity conservation and sustainable economic development.
Legal and Regulatory Mechanisms of Protecting Intellectual Property (IP) Rights in Sri Lanka: Challenges and Adaptation in the AI Era
This study comprehensively analyses the legal and regulatory frameworks governing intellectual property rights (IPRs) in Sri Lanka, with a particular focus on the Sri Lankan Intellectual Property Act, No. 36 of 2003. This Act is the primary legislation governing the acquisition, management and enforcement of intellectual property. The analysis elucidates the foundational elements of this Act, including its alignment with international conventions such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Previous studies identify several critical deficiencies within the current legal landscape, especially when compared to the more dynamic intellectual property regimes of developed nations. These shortcomings encompass challenges in enforcement, ambiguities in patentability standards, and an urgent need for adaptation to address the complexities introduced by emerging technologies, notably artificial intelligence-generated content. The discussion underscores that the Act, while robust for its time, faces increasing pressure to evolve to remain effective in a rapidly changing global technological environment. This study proposes necessary amendments and strategic adjustments to enhance the safeguarding of intellectual property rights against infringement and intellectual theft, ensuring Sri Lanka's framework remains relevant and equitable in the digital era.
National Intellectual Property Office of Sri Lanka
Doctrine of Abuse of Dominance in the Digital Age
Law of abuse of dominance forbids a dominant firm from misusing its position against competing firms. This doctrine is the foundational concept of harm, to analyze the adverse effect of a firm’s behavior, on the anticompetitive effects ultimately causing competitive harm. A formalistic and effect-based approach has been historically used to analyze this harm. However present digitalization focuses the inclination on effect-based approach. The uniqueness of digital markets and digital products is making it difficult for authorities to challenge the assessment of such harm. Two common abusive conducts refusal to deal and tying and bundling have been identified by authorities. This study explores the evolution of doctrine of abuse of dominance and the role played by theories of harm and economic theories on its modification over time. It further discusses the conduct of refusal and tying of the digital markets and the challenges it poses for assessment. The research suggests that peculiarity of digital products and markets assess the actual effect of firms’ conduct in a more judicious way, to categories harm. A collaborative approach can be explored for the emerging new avenues of harm to competition. Protection of consumer interests must alone remain the guiding factor for any policy made for digital markets, and that alone shall accord justifications for taking enforcement actions.
Tangail Saree as Geographical Indication of Bangladesh
Tangail Sarees, a six-yard dress worn by women in South Asian countries especially Bangladesh, India, Sri Lanka, and Nepal, are renowned due to their unique weaving techniques, designs, and motifs. Tangail Sarees are famous due to their sophisticated designs and fine cotton and silk yarn, crafted on fly shuttle pit looms. Tangail Saree or Tant Sarees are Bengali cotton sarees originated in 1850s and flourished in 1890s decade. Basak community (Hindus) are its original weavers. This study explores the geographical indication (GI) conflict between Bangladesh and India about the Tangail Saree. The study highlights deficiencies in existing legal frameworks (indigenous laws and international instruments) regarding GI protection.
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Plant Patent Systems for Equity and Sustainability
One domain of innovation in agriculture is patents for uniquely produced plants by plant breeding tools. Sometimes the researchers don’t go for patents, missing the opportunity of earning profit from their novel innovative research. A pressing issue for the small-scale breeders is the financial and legal challenges during the patenting process. Hence, small breeders cannot compete in the international global seed markets while big giants are grabbing the capital and make trends with their own will and for their own benefits. Buyers should purchase from the original researchers and the researchers must be acknowledged by the international community to provide rights to the original researchers. The availability of better plant breeds will promote sustainable agriculture, secure biodiversity and improve the health and wellbeing of the people.
Faster, Fairer Antitrust? A Look at India's Proposed Settlement and Commitment Regulations
Antitrust laws play a crucial role in fostering healthy competition, benefiting consumers through lower prices, better choices, and increased innovation. However, the mechanism of competition regulation in India often faces a harsh reality with lengthy investigations and protracted litigation. Amidst concerns about the effectiveness of the antitrust regime, many stakeholders have been clamoring for a revision of the Competition Act, advocating for a more credible antitrust watchdog and a fair competitive landscape in India. To this end, the competition commission of India (CCI) has introduced the draft regulations for settlement and commitment proceedings, overhauling the substantive and procedural framework of the competition law regime in India. The draft regulations are expected to mark a turning point for tech giants under investigation, granting them an avenue to settle disputes while streamlining regulatory processes and encouraging corrections within the market. However, several key aspects of the draft regulations remain shrouded in ambiguities and concerns. These include the absence of interim relief provisions for third parties during settlements, no provision for appeal after the final settlement/commitment order, the exclusion of cartel cases, meager settlement discount, and the CCI’s unfettered discretion to use the applicant’s information against them. This research outlines the challenges of the traditional antitrust enforcement regime and highlights the emergence of the settlement and commitment regulations as a potential solution. However, it also identifies potential loopholes and challenges in implementing the regulations effectively. The research draws insights from established settlement and commitment mechanisms in other jurisdictions like the EU and the UK proposing suggestions for India’s approach.
Comparative Analysis of Intellectual Property Laws of Bangladesh and India in the Age of Global Techno-Capitalism
In an era where intangible assets increasingly dictate global economic and technological hierarchies, intellectual property (IP)has emerged as a critical battleground between innovation, control, and access. This article undertakes a comparative legal and socio-political analysis of IP frameworks in Bangladesh and India, contextualized within the broader transformation brought by global techno-capitalism. While both countries share postcolonial legacies and common development goals, they diverge significantly in legal architecture, enforcement strategies, and policy orientation especially in handling emerging challenges such as artificial intelligence (AI), digital content ownership, and platform-based economies. The study interrogates how global technology giants operating under the shields of TRIPS and WIPO-centric regimes reproduce neo-imperial monopolies over knowledge, data, and algorithmic outputs. The article introduces a regional perspective by exploring South Asia’s capacity for IP reform through sui generis legal systems, grassroots innovation protection, participatory policymaking, and regional collaboration. It argues for a human-centered, context-sensitive IP regime that values not only innovation and economic development but also equity, inclusiveness, access to knowledge, and cultural continuity. Ultimately, this work contributes to reimagining IP law as a vehicle for epistemic justice, rather than as a tool for perpetuating techno-capitalist hierarchies and exploitative asymmetries.
Collaborative Works and The Protection of Their Authors: A Tale from Bollywood
Thoughts of the Mumbai city of India, inevitably take one’s mind to the glitzy world of Bollywood, and thoughts of stars walking down the red carpet at the opening night of a new blockbuster. Bollywood is truly at the epicenter of the culture of the Mumbai. It also plays a major role in the economy of the city. The film business is deeply collaborative, and a multitude of artists contribute their artistic endeavors towards the film. This research examines the legal framework in India for the protection of the rights and interests of these artists. The article thoroughly examines India’s copyright laws, special welfare legislations aimed at protecting these artists and opinion of India’s Courts and Tribunals for these provisions. Finally, areas and matters of concern that require the urgent attention of the legislature and Courts in the country have been highlighted.
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Evolving Paradigms of Trade Secret Protection: A Comparative Study of the US, EU, and India
The protection of trade secrets is integral to commercial practices since the inception of trade itself. This study explores the historical evolution and current legal frameworks governing trade secrets in the United States, European Union, and India. In the United States, trade secret law transitioned from common law torts to codified statutes, culminating in the Uniform Trade Secrets Act (1979) and the Defend Trade Secrets Act (2016). Federal protection is also provided under the Economic Espionage Act (1996). In contrast, the European Union historically lacked uniformity in trade secret protection until the enactment of the EU Trade Secret Directive (2016), which harmonized standards across member states. In India, trade secrets are primarily protected under common law and contractual agreements, with no specific legislation governing their protection. This comparative analysis highlights the need for a robust legal framework for trade secrets protection in India to enhance its compliance with TRIPS obligations.
Drugs, Public Health, and the Patent Linkage System in India and Japan
We may often come across mind boggling, incomprehensible doctor prescriptions quite difficult to decipher, with new drug names for the common flu and the usual ‘paracetamols’ found in other drugs under many different labels and names. This indicates nothing but the existence of a generic drug system. Generic drugs have same chemical formulas, properties and compositions as that of originator drugs or products. TRIPS plus concept of linking the drug regulatory authority and the patent authorities is prevalent in many states, emphasizing the prevention of generic drugs. This article will focus on patent linkage system of Japan and India and its functional details in these countries. The Japanese system is flexible, allowing the entry of generic drugs on certain conditions at the discretion of the Ministry of Health, Labor & Welfare and the results of the Japanese Patent Office. The uncertainties create a confusing view on the patent linkage system in Japan. The definition of original drugs and generic drugs are not clear in any of the provisions regulating the same, and permission or the prohibition of generic drugs or the determination of the status of a drug depends entirely on the ministries. Indian system, however, does not prohibit the entry of generics and promotes the usage of generics through various schemes, circulars and laws. It encourages doctors to prescribe the same for easy access to generic medicines. The article explores the contradicting provisions about generic drugs stipulated by the drugs & cosmetics act, 1940, expands on the bolar provisions in place and analyses the shortcomings of the system allowing generic drugs in India. The study highlights the need for a patent linkage system, supported by proper justifications and the concepts that could be implemented, for the effective functioning of both the drug regulatory authorities and the intellectual property authorities, protecting the interests of the patent owners as well as the common public, consequently.
Compulsory Licensing of Pharmaceutical Patents in Pakistan Patent Ordinance
In Pakistan, access to affordable medicines is a critical challenge due to high disease burdens and exorbitantly priced patented drugs that leave millions without essential healthcare. Compulsory licensing (CL) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides a legal mechanism for the production or importation of generic versions of patented medicines to ensure their affordability and availability. This article considers how CL can be used as one avenue to begin bridging the gap between intellectual property rights (IPRs) and public health imperatives in Pakistan. The study focuses on the prevailing health-related condition of both high prices for patented medicines and healthcare expenditure by out-of-pocket expenses. Under this context, it evaluated the compulsory licensing regime in Pakistan in conformity with the provisions under Patents Ordinance 2000.Several issues have been encountered in that course including institutional inefficiency, weak technical capacity, and international pressures being in the front lines. Drawing from worldwide experience in countries as varied as India, Brazil, and Thailand, this article explains precisely how CL allows equity in medical access, with an assurance of the need for the local manufacture of pharmaceutical products and cuts off healthcare costs. The recommendations are policy priorities on the strengthening of legal frameworks, enhancement of regulatory capacity, promotion of local production, and tapping into international support. The article concludes that CL is not only a legal tool but an ethical commitment to the right to health. With bold action and coordinated efforts, it is possible for Pakistan to employ CL as a tool in transforming its healthcare system and ensuring that life-saving medicines are truly affordable and accessible to all.
Trade-Related Aspects of Intellectual Property Rights
Patentability of Algorithmic Processes in India: The Battle Between Blackberry and The Controller of Patents
On 30th August 2024, the Delhi High Court (DHC) delivered two landmark decisions that have drawn attention to the treatment of software-based inventions in Indian patent law. The center of these ruling was the appeals filed by the Blackberry Limited against the rejection of their two patent applications. The first application, titled “Administration of Wireless System”, was rejected on the ground that the claims pertained to a set of instructions and software without inventive hardware feature. While, the second application, titled “Auto-Selection of Media Files”, was rejected for being related to algorithms and computer program per se. This paper aims to examine the court’s reasoning in both cases to assess the consistency of the decisions. By examining these decisions, the paper look into the Indian jurisprudence in dealing with the patent claims for software and algorithms, thereby throw light on the evolving patentability standards in India for AI and software-driven innovations.
The Basmati rice war between India and Pakistan
The current study highlights the challenges for GI protection of trans-border products, in Basmati rice. Various international treaties, e.g., Lisbon Agreement, Paris convention, and TRIPS Agreement describe partly the protection of geographical indications (GIs) or appellations of origin. Both India and Pakistan are TRIPS member countries and claim Basmati rice as their GI and have tagged Basmati as GI in their respective territories. Europe is an expanding market for Basmati, and EU is implementing import regulations on food products based on GI reputation for high quality products. India has sought GI protection of Basmati rice in EU followed by staunch opposition by Pakistan. Current study will briefly highlight the recent developments of this GI dispute on Basmati rice between India and Pakistan in EU,New Zealand and Australia.
Traditional Knowledge Digital Library as Patent System Facilitator
The concept of the Traditional Knowledge Digital Library (TKDL) first emerged in India two decades ago. It upholds the current Indian patent law, which forbids the filing of patents based on traditional knowledge that is already in the public domain. Although, TKDL has been quite helpful in preserving traditional knowledge, it can be improved to maximize its potential. With tech advancements, it’s necessary to ensure that traditional knowledge is secured to facilitate the Intellectual Property regime, and prevent the exploitation of local customary knowledge. The primary issue concerning the current operational model is financial in nature. Many advocates strongly contend that access to the TKDL should be facilitated through commercialization. It is essential to grant access to the database to third parties to enhance awareness and promote indigenous knowledge systems. Allowing third-party access is therefore significantly beneficial from a financial perspective. In this regard, we have proposed the establishment of a TKDL fund, aimed at supporting various indigenous communities. This fund would generate financial returns from granting access, which would be distributed among indigenous communities and subsequently utilized for their development, thereby acknowledging their contributions in the realm of traditional knowledge.
Stem Cell Patentability: Legal Challenges
Stem cells are versatile cells capable of self-renewal and differentiation into different specialized cell types. Their immense potential has led to a surge in research and practical applications medicine. Patentability of the stem cells has been a subject of controversy, with concerns that restrictions on access to crucial technologies could hinder the translation of research into practical medical applications. It is a promising field that's rapidly advancing and has the potential to revolutionize modern medicine. The patentability of stem cells faces several legal challenges, including ethical, moral, and religious concerns, as well as difficulties in obtaining a patent license. Patent protection is crucial for driving innovation and commercial success in regenerative medicine and life sciences. This article examines the patentability restrictions and specific challenges associated with human stem cell patents in Europe and the United States.
Access and Benefit Sharing in the Context of Genetic Resources in Digital Era
Traditionally, the access of genetic resources from a country in their physical form requires the fulfillment of many legal procedures like accessing permit, mutually agreed terms (MAT) or prior informed consent (PIC) from the country of origin of genetic resources. These legal procedures are mandatory in the “Convention on Biological Diversity” (CBD) and “Nagoya Protocol”, through its third objective of benefit sharing from the access. Further, these international obligations are implemented in India through the enactment of the “Biological Diversity Act” in 2002. According to this act, if a person or a company wants to access a genetic resource from a country, they must provide benefits to the concerned authority of biodiversity. However, increased use of genetic resources by multinational corporations has bypassed the third objective and invariably led to various misappropriation including biopiracy. There are several cases of biopiracy from all over the world as these companies are not complying with the international and national requirements and are also circumventing the obligations using technology. This research aims to analyze the working of the access and benefit sharing system in India and what are the challenges faced in the effective implementation of the relevant statutes.
The Crossroad between Intellectual Property and Clinical Trials: Balancing Incentives for Innovation with Access to Healthcare
The interplay between intellectual property rights (IPRs) and clinical trials presents a complex challenge in the realm of healthcare innovation. This paper examines the critical role of IPRs, particularly patents, in incentivizing pharmaceutical research and development while simultaneously addressing their implications for access to essential medicines, especially in low- and middle-income countries (LMICs). We explore the phases of clinical trials that underpin medical advancements and highlight the significant financial and temporal investments required for drug development. The discussion also delves into the tensions created by monopolistic pricing, data exclusivity, and evergreening practices that hinder equitable access to healthcare. Through a review of international agreements like the TRIPS Agreement and case studies on HIV/AIDS, hepatitis C treatments, and COVID-19 vaccines, we illustrate the urgent need for policy reforms and alternative incentive models, including prize funds, patent pools, and tiered pricing strategies. Our findings underscore the necessity for a balanced approach that fosters innovation while ensuring that life-saving medications are accessible to all populations. Ultimately, this paper calls for collaborative efforts among governments, international organizations, and the private sector to create an equitable healthcare landscape that prioritizes public health needs without stifling innovation.