DNA sequencing: merging ideas and expressions

Copyright law protects only the expression and not an idea. However, the idea-expression dichotomy gets complicated when the idea and the expression of the idea are inseparable or there is only one way to express or depict an idea. This is the merger doctrine and according to it no one may claim a copyright in that single manner of expression or depiction because that would evict everyone else from the right to express or depict that idea. The expression, if copyrightable, would necessarily give the author a monopoly on the expression of the underlying idea.

Elaborating on an idea

In an interesting judgment recently delivered by Delhi High Court in Emergent Genetics India Pvt Ltd v Shailendra Shivam, the court elaborated on the merger doctrine. In it Emergent Genetics, a company engaged in research, development, processing and sale of seeds in India, had alleged that Shailendra Shivam, a former employee of the company, had misappropriated its seeds and was selling them. Emergent Genetics also alleged that Shivam had made its products genotypically identical with that of his own, by reproducing the unique DNA sequencing formula of its seeds. This resulted in copyright infringement of the Emergent Genetics literary work.

The issue before the court was: Is copyright protection granted under Indian law, in respect of the work for which the Emergent Genetics claims relief?

Manisha Singh Nair is a partner at Lex Orbis IP, a New Delhi-based intellectual property practice.