Compulsory Licensing in India: A Legal Framework for Balancing Patent Rights and Public Needs
The patent law domain features compulsory licenses at their core to bridge invention promotion with essential public access to vital products through technology. Under certain public welfare situations the exclusive rights granted through patents become subject to being overridden. The solution becomes available through compulsory licensing at this stage. The Indian government maintains a comprehensive […]
Regulating Crypto in India: How it looks like?
The history of cryptocurrency and blockchain innovation makes a new history of unprecedented financial innovation. This challenges the status quo in the structures of regulation and compels governments worldwide to take a relook at their approach on financial regulation. Two landmark cases that have defined the regulatory terrain of digital currencies are discussed in this […]
Regulatory Challenges and Opportunities in Cryptocurrency: A Comparative Study of India and the U.S.
IAMAI v. RBI and SEC v. Ripple Labs, two cases from different contexts of law, ponder questions at the bedrock of what cryptocurrency is, and just how far the writ of regulatory authority reaches. In IAMAI, the Indian Supreme Court firmly impresses this principle of proportionality: the act of regulation should be proportionate to demonstrated […]
State Sovereignty: Conceptual Theories and its Types?
Bodin argued that sovereignty is indivisible and absolute and that it should be concentrated in a single, unified authority within the state. The work of Grotius demonstrated, at the same time, recognition that such international law existed, but he confined sovereign power within a state with its own laws. On the other hand, Hobbes built, […]
AI and Fair Use: Navigating Legal Challenges in India and the United States
Artificial intelligence has gained a central stage over the past few years with the effects it has on the world. However, there are both positives and negatives of the same. While it has made our lives easier to some extent, it brings with it a lot of legal and ethical problems. One such legal issues […]
Compulsory Licences and its Importance Worldwide in Patents Regime
HEPATITIS C – VACCINE AND PATENT Gilead Sciences’ sofosbuvir, a drug for Hepatitis C was approved in 2013 by US Food & Drug Administration was immediately criticized for its high cost as its price is so elevated relative to production cost.23 The average cost of a 12-week treatment of sofosbuvir is $84,000 per patient, despite […]
The Effect of the New Patent Amendment on Pharmaceutical Companies
INTRODUCTION Whether the Indian pharmaceutical firms are indeed innovating in developing new drugs or just incrementally improving the existing drugs to gain patents and arrive on the drug market. Indian Pharmaceutical Industry: regained focus on research and development, having turned out as the fourth largest in the world in volume terms (8% of global production) […]
Addressing India’s Complex Menstrual Leave Situation
INTRODUCTION When a woman experiences her period or menstruates, the menstrual cycle begins. A woman’s body gets ready for a potential pregnancy throughout this cycle, which is a component of her reproductive system. A normal cycle lasts between 24 to 38 days. During menstruation, a woman may face discomfort, heavy bleeding, bloating, difficulty in concentration because […]
Protection Of Traditional Knowledge And Cultural Heritage Under IPR: An Indian Outlook
Intellectual Property Rights is a term that rarely requires explanation in modern times. The phrase Intellectual Property expresses the notion that its subject matter is the result of the intellect or mind. It serves as both a deterrent and an incentive for creators, whose work might otherwise be freely exploited by others. In relation to […]
How To Proceed When Patent Applicant Dies Before And After The Grant Of Patents
When Patent applicant dies before the Patent is granted Section 20 of the Patents Act, 1970 deals with the procedure that has to be following for substitution of applications etc. Under S.20(4), upon the death of one or more joint applicants for a patent, the surviving applicant(s) may request the application to proceed in their […]