Grant of Compulsory License in India: Its Provisions and Need in Several Industries in India.
Introduction As per World Intellectual Property Rights, a Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed […]
Impact of other related Intellectual Property rights on the Pharmaceutical Industry
Introduction A “patent” is a right granted by a state to an inventor for a fixed period i.e., 20 years in India in exchange for the disclosure of the invention. However, since several fields are involved in the development of medical devices – including biotechnology, computer science, mechanical engineering, electronics and pharmaceuticals – navigating the […]
Compulsory Licensing in India Amidst the COVID 19 Pandemic: Will India Consider it?
The COVID-19 pandemic has truly exposed the frailty of our infrastructural systems. Innovation has taken a front seat and the world is keenly awaiting the public distribution of COVID-19 vaccines which would help restore normalcy. Among the numerous factors that were taken into consideration by global experts with respect to the COVID 19 vaccines, accessibility […]
Pharmaceutical Patents a Threat to India’s Drug Industry?
The Indian Pharmaceutical industry is one of the largest, ranked fourth in the world in respect to the production volume. Over the last three decades, the industry’s growth has resulted from no existence to a world leader in terms of production of high quality generic drugs. Prior to 2005, no patent was granted on medicines […]
Examination Guidelines for Pharmaceuticals Patents
There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial guidance in this area is problematic. Indian Patent Office has published the Draft Guidelines on […]