India’s Trade Secret Regime: Assessing Legal Gaps with Reference to Generic Medicines in the Pharmaceutical Sector
Introduction India’s pharmaceutical industry has become known worldwide as a trustworthy source of low, cost medicines, of which generic drugs have been the main driver. Patent law has been the main focus of pharmaceutical, related intellectual property debates, but the generic medicines sector has a different narrative. Generic pharmaceutical companies’ biggest treasures are not patents […]
Patent Rights and Their Impact on Pharmaceutical Markets
Introduction The recent decision of the National Company Law Appellate Tribunal (NCLAT) in “Swapan Dey v Competition Commission of India & Anr.[1]” brings back the focus on the interplay between patent rights, competition law, and public health in the pharmaceutical sector. While the case has largely been viewed as a jurisdictional determination concerning the respective […]
Global Drug Pricing Reforms and Their Commercial Fallout: A Legal Perspective On MFN and India-U.S. Pharma Trade
The U.S government revived the “Most Favoured Nation” i.e the MFN drug pricing policy in May 2025, aimed at curbing exorbitant medicine costs by tying U.S. drug prices to the lowest rates paid by developed nations. The move not only has rooted in trade law principles but has also sent ripples through the pharmaceutical world- […]
Significance and Violations of Human Rights during Covid-19 Lockdown
Franklin D. Roosevelt (FRD) on different platforms, supported the Indian Freedom Struggle making the abovementioned quote implement in his life in a true sense. Indian freedom struggle is said to be started from The First War of Independence in 1857, in which various brave freedom fighters like Rani Laxmi Bai and Mangal Pandey laid their […]
Intellectual Property Rights and Pharmaceutical Sector: Analyzing the Dynamic Relationship in India’s Drug Market
INTRODUCTION: The Indian pharmaceutical companies are in a unique position where they are balancing the role of being a generic Global drug supplier and also ensuring that their products are accessible and affordable to everyone. However, balancing through such many factors especially to maintain the interplay between the regulatory policies and the pricing strategies is […]
Critically analysing the Fine Line: Ethical Advertising and Misrepresentations in the Health Industry
INTRODUCTION Over the years, with the development of technology, the advertising industry has experienced significant changes, transitioning from traditional print media to digital platforms. Nevertheless, this expansion also brings up major problems and threats such as false or misleading claims made by some companies. Legislation such as the Drugs and Magic Remedies (Objectionable Advertisements) Act, […]
Understanding Deceptive similarity in “Pharma Industry”
INTRODUCTION Section 2(1)(h) of the Trade Marks Act defines the word “deceptively similar” as “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion”[1]. There are numerous ways from which a trademark can be infringed the […]
Pharmaceutical Patents In India – Problem Of Public Access To Health
INTRODUCTION Intellectual property laws are becoming more prevailing day- by- day, most often used from of intellectual property are patents. The major challenged faced by patent law is to create a balance between access and innovation. Pharmaceutical patents are a significant area of contention between developed and developing nations.The pharmaceutical industry asserts its right to […]
An Essay on the Healthcare Industry and Patents: An Indian Approach
Introduction The World Trade Organization (WTO), via the TRIPS agreement, has set out various governing provisions for pharmaceutical patents. Under these provisions, the authorities provide patent holders protection on their patents for at least two decades. Patents provide the patentee an exclusive license to create, utilize, or trade the patented innovation and forbid others from […]
The Colours in Pharma industry
Introduction Emergency use products such as inhalers also possess an inherent “stickiness” factor, as patients are unlikely to switch to a different brand easily once they have grown accustomed to using a specific inhaler, especially in urgent situations. For example, a parent of a child with asthma would not risk any confusion when searching for […]