India Business Law Journal –  October 2020

Into the unknown

Addressing the next challenge after vaccines emerge

As the race to produce a coronavirus vaccine enters the final stages, attention is shifting to the mechanics of how it will be administered. This will be a daunting task, given that the task of vaccinating entire populations has not been undertaken in a long time. Ramping up the existing infrastructure to ensure the success of these campaigns will be vital, but can this be done across the globe?

There continue to be questions about how effective a potential vaccine will be, in terms of its longevity and its ability to provide protection against the multiple strains of the virus that now exist. Will follow-up vaccination campaigns become a part of normal life? Even as progress is being made to ensure covid-19 becomes a thing of the past, many challenges remain. We are stepping into the unknown, albeit after a great deal of research and discussion led by the best minds among us.

This month’s Cover story provides insights into what could happen after a vaccine is approved: What if governments choose to interfere in the pricing of the treatment or vaccine in the name of public interest? A possible option then is the use of compulsory licensing. If the Indian government chooses to go down this route, which it has traversed before in 2012, this could have a negative impact on pharmaceutical companies. Thanks to the 15-to-20-year exclusivity period under most patent regimes, pharma companies typically reap substantial profits from their R&D spend.

As our story explains, some companies focused on developing vaccines need to be assured of their ability to enjoy monopoly rights as a reward. A compulsory license is a drastic step. It impacts both the exclusivity and monopoly rights of a patentee. But it can also enable competition in the market for a patented drug, as Deeksha Manchanda, a competition counsel at Chandhiok & Mahajan points out. Be that as it may, even as the immediate future looks uncertain for pharma companies in this regard, clearly enough of them believe their R&D efforts will eventually be rewarded. Medical experts are already discussing the likelihood of annual vaccination upgrades to battle evolutionary strains of covid-19, similar to other annual flu shots.

In Protection in paralysis, we turn the spotlight on intellectual property (IP) rights infringement, which has climbed to an all-time high during the pandemic. While enforcement agencies are no longer restricted by lockdown measures, limitations on their operations for several months have forced lawyers to tackle infringement using strategies they would not normally employ. Lawyers are rethinking how to function in this environment and this includes finding solutions outside the court system.

This month’s What’s the deal? provides analysis of the courts move forward with an innovative solution for IP rights infringements that happens online at a time. Delhi High Court’s recent granting of dynamic injunctions against so-called rogue websites. As our article details, such injunctions are a relatively new addition to India’s IP rights enforcement arsenal, and even though the immediate outcome of the injunction is not to be celebrated, said critics, practitioners and fellow lawyers are applauding the move. That said, critics continue to highlight how rogue websites are exploiting lacunaries.

In this month’s Vantage point the head of the International Trademark Association (INTA) Etienne Sanz de Acedo, discusses his association’s decision to postpone its annual meeting event and reinvent it in the virtual sphere. The event is typically held in May of each year and attended by thousands of IP rights lawyers and clients. It is valued precisely because it provides for personal and face-to-face interactions, but the virtual event will be held in November. INTA is extremely confident of being able to offer what its head describes as “a very strong networking opportunities.” It will include speed networking, one-on-one meetings, corporate meetups and discussions moderated by corporate brands.

For the fifth year running, India Business Law Journal has compiled a list of India’s top lawyers, which includes a special list of lawyers we believe are legal icons. The year has been dominated by challenges triggered by the ongoing pandemic, and lawyers on our list demonstrate enviable agility and adaptability in staying ahead of the new business requirements and multitude of regulatory changes issued in response to the crisis.

Our A-list of Indian lawyers issue for this month’s Intelligence report consists of lawyers nominated by clients and professionals at a wide range of Indian and international companies, law firms and other organizations. Apart from the 50 legal icons, our list includes top 100 endorsed lawyers.

Vital skills are what elevate lawyers to our A-list. They command specific acclaim from their clients, peers and other observers, and their inclusion is an achievement of which each and every lawyer can be justifiably proud.