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…
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…
“Drawing the line between improper attempts at evergreening and legitimate incremental innovation is a broad and difficult problem in patent law." In the modern world, the drive for progress and higher living standards is constant. Science and technology are always…
Patented, which means giving an exclusive right to the patentee to protect their invention from a third person, who cannot use the invention or sell it without permission from the rightful patentee, with a few exceptions. Getting patients right does…
Introduction: Concept of Patent Linkage Patent Linkage is the linking of the marketing approval of a drug to it's patent status. Patent linkage pertains to the link between the market authorization of a generic medication and the patent status of…
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…