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Copyright issue between Google and Oracle- the copyright case of the century Introduction On April 5, the U.S. Supreme Court ruled in favour of Alphabet Inc.’s Google in a case where it was accused by Oracle of violating the country’s copyright law. The case, dubbed “the copyright case of the century”, began with Oracle’s charge in the San Francisco federal district court in 2010 that Google’s Android platform infringed upon its copyright in a platform called Java SE. What is the background of the case? Oracle’s lawsuit came shortly after it acquired Sun Microsystems, which had developed the Java language.…
17 May, 2021
WTO
WTO TRIPS and COVID-19 drugs U.S’s support for TRIPS waiver for COVID-19 vaccines The United States has finally relented and declared its support for a temporary waiver of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement for COVID-19 vaccines at the World Trade Organisation (WTO). In October 2020, India and South Africa, at the WTO, proposed waiving Sections 1, 4, 5, and 7 of Part II of the TRIPS agreement (covering copyrights, industrial designs, patents, and undisclosed trade information) related to the prevention, containment, or treatment of COVID-19. Hopefully, the U.S.’s decision would cause other holdouts like Canada and…
10 May, 2021
WTO
Covid-19 and the hurdles associated with patent waiver Introduction The decision of the President of the United States, Joe Biden, to support the India-South Africa proposal, seeking a waiver of patent protection for technologies needed to combat and contain COVID-19, comes as a shot in the arm for global health. The proposal that was placed before the World Trade Organisation (WTO) had been facing resistance from several high income countries including the U.S. administration. A change in the American position supporting a temporary waiver could act as a catalyst for building consensus in favour of that proposal when it comes…
08 May, 2021
WTO
Intellectual Property rights- a barrier to universal healthcare Introduction The intellectual property rules have served as a lethal barrier to the right to access healthcare The existing global regime governs the monopoly rights over the production and distribution of life-saving drugs. Request for waiver On October 2 last year, India and South Africa submitted a joint petition to the World Trade Organization (WTO), requesting a temporary suspension of rules under the 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). A waiver was sought to the extent for the containment and treatment of COVID-19. As we now know, quick…
28 April, 2021
WTO
US Visa regime during the Biden era Introduction Biden shows intent on reworking immigration rules by not extending the H-1B visa ban Details President Joe Biden allowed a ban on the issuance of H-1B visas for skilled workers to lapse at the end of March 2021.. Mr. Biden’s action will have a significant and favourable impact on Indian nationals seeking employment with U.S. tech firms, given that they were the largest demographic to benefit from this visa annually; they garnered approximately 70%.of the 65,000 H-1B visas annually made available to private sector applicants other than students. By some estimates, H-1B…
05 April, 2021
WTO
Ngozi Okonjo-Iweala is the New WTO Head Ngozi Okonjo-Iweala has been appointed the new chief of the World Trade Organization, becoming the first woman to ever lead the institution and the first African citizen to take on the role. Roles and functions of Director General of WTO: The director-general of the World Trade Organization is the officer of the World Trade Organization responsible for supervising and directing the organization’s administrative operations. The Director-General has little power over matters of policy – the role is primarily advisory and managerial. The Director-General supervises the WTO secretariat of about 700 staff and…
17 February, 2021
WTO
Medicinal and Aromatic Plants Genetic Resources (MAPGRs) National Medicinal Plants Board (NMPB) and ICAR-National Bureau of Plant Genetic Resources (NBPGR) have entered into an MoU to conserve the Medicinal and Aromatic Plants Genetic Resources (MAPGRs). The conservation will be done in the long-term storage module in the National Gene bank and/or at Regional Station for the medium-term storage module. The authorized institute NMPB and the ICAR-NBPGR on behalf of the ICAR would develop detailed modalities for seed storage of MAPGRs. National Medicinal Plants Board (NMPB) It was set up in 2000. It is working under the Ministry of AYUSH. Mandate…
04 August, 2020
WTO
WTO: Dispute Panels against India GS-Paper-3 WTO- Dispute redressal mechanism (MAINS) Recently, the Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) has set up two dispute settlement panels targeting import duties imposed by India on a number of Information and Communication Technology (ICT) products including mobile phones. It was done on the request of Japan and Taiwan, taking up the number of panels constituted to examine the same tariff-related issue to three. In June 2020, the European Union (EU) had a panel established against India on the same issue. The panels would determine whether India’s customs duties on imports of certain ICT products infringe the WTO’s norms or not. The panels…
31 July, 2020
WTO
Downing the shutters: On H1-B visa halt Context # The White House has made a proclamation restricting the issuance of non-immigrant work visas (H1B) across the board, purportedly to clamp down on American jobs going to foreign workers, a consistent policy priority of the Donald Trump administration. Halted Visas # The broad-brush order includes the H-1B visa for skilled workers, which is widely garnered by Indian nationals, the H-2B visa issued to seasonal workers in the landscaping and hospitality industries, the L-1 visa for intra-company transfers, and the J-1 visa for students on work-study summer programmes. # It will also…
24 June, 2020
WTO
GI tag to Manipur black rice, Gorakhpur terracotta Introduction Both products have been in circulation for centuries and are important sources of income. Chak-Hao, the black rice of Manipur and the Gorakhpur terracotta have bagged the Geographical Indication (GI) tag. Chinnaraja G. Naidu, deputy registrar, Geographical Indications, confirmed that the GI tag had been given for the two products on Thursday. Chak-Hao The application for Chak-Hao was filed by the Consortium of Producers of Chak-Hao (Black Rice), Manipur and was facilitated by the Department of Agriculture, Government of Manipur and the North Eastern Regional Agricultural Marketing Corporation Limited (NERAMAC). Chak-Hao,…
01 May, 2020
WTO
INTELLECTUAL PROPERTY GUIDE FOR INDIA INTRODUCTION: Services Exports Promotion Council (SEPC), set up by the Ministry of Commerce & Industry, has brought out the India Intellectual Property (IP) Guide at Cannes in MIPCOM 2019 for the Media and Entertainment (M&E) industry. GUIDELINES: Catalogue of over 60 Indian IPs, popular in over 160 countries. Tries to break the narrative of only low-end work being done in India and to promote innovation. IP is the most important asset in the service sector like M&E Industry Intellectual Property (IP), especially in the innovation economy of today, is vital to a large number of SEPC's stakeholders.…
16 October, 2019
WTO
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