Tag: Compulsory License

Commentary On Compulsory Licensing Under The Patents Act, 1970

Patents provide exclusive rights to the patent proprietors over their novel creations. There is an implied expectation that the owners of the patents will work the patented inventions pragmatically on a commercial scale without any undue delay. However, in certain cases, these rights are exploited for anti-competitive practices. In order to prevent such abuse, the … Continue reading Commentary On Compulsory Licensing Under The Patents Act, 1970

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The Development Of Human Rights Issues (Access To Medicines) In The Light Of Intellectual Property Rights

There is a constant conundrum between Intellectual Property and Human Rights in today’s day and age. There has been an emergence of International Human Rights obligations post World War II. A plethora of International Organizations like the WHO (public health), Universal Declaration of Human Rights 1948 (UDHR), International Covenant on Civil and Political Rights 1966 … Continue reading The Development Of Human Rights Issues (Access To Medicines) In The Light Of Intellectual Property Rights

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All You Need to Know About Patent Licensing

What is a patent? An exclusive right granted for an invention, which is either a product or a process, and offers a new way of doing work or provides a new technical solution to an existing problem, is called a patent.[i] What is called Patent Licensing? Patent Licensing is an act of or a process … Continue reading All You Need to Know About Patent Licensing

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“Well, You have not made out prima facie case for Compulsory License”: Notifies Rajiv Agarwal, Controller General of Patents, Designs and Trademarks, to Lee Pharma!

In a major update for the patent circle (and of course Pharma industry), reportedly, Lee Pharma, a Hyderabad based Indian pharma company, which had filed a Compulsory Licensing (CL) Application on June 29, 2015, in India, against one of the patented drug Saxagliptin of AstraZeneca (used for treating Diabetes Mellitus), has failed to make out … Continue reading “Well, You have not made out prima facie case for Compulsory License”: Notifies Rajiv Agarwal, Controller General of Patents, Designs and Trademarks, to Lee Pharma!

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Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

India issued its first CL last year for a Bayer’s kidney liver cancer drug Nexavar to an Indian generic manufacturer Natco on all three grounds of section 84 (1) including a reasonable requirement of public not being met, non-availability of the drug on affordable prices, and non-working of the invention in the territory of India. … Continue reading Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb

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