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 […]
Compulsory licensing: a mechanism in balancing the rights to patents and the need to protect health
The topic of Compulsory licensing (CL) is right in the centre of a huge controversy of intellectual property and the fundamental right to health. As nations attempt to increase pharma innovations, and at the same time to make life saving drugs affordable, CL emerges as the most appropriate legal solution. It is where governments permit […]
Patent Infringement: Types, Consequences, and Legal Remedies
Patent Infringement: Types, Consequences, and Legal Remedies In today’s competitive business landscape, patent infringement has become a major concern for innovators and organizations. With industries such as pharmaceuticals, biotechnology, electronics, and software rapidly growing, protecting patent rights is essential. Unauthorized use of a patented product, design, or process can result in patent violation and serious […]
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 […]