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 […]
Ever Greening: An Abuse of the Patent System
“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 evolving to meet these needs. However, what drives someone to work so hard to improve […]
From Pharmacy of The World to Patent Prison: India’s Shift Under Trips
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 not mean a green light to sell. According to the TRIPS (Trade-Related Aspects of Intellectual […]
Global Perspectives on Patent Linkage: Insights from the US, Europe, and India
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 its branded equivalent. According to this rule, a generic drug cannot receive marketing approval before […]
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 […]