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 […]
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 […]
Biotechnology Patent Landscape in India: Analyzing Emerging Legal Issues and Challenges
INTRODUCTION Biotechnology Patent means the legal power given to the innovators to prevent third parties from producing, using or importing biotechnological inventions. A biotechnology patent, as described by Moore et al. (2019), comprises inventions pertaining to genetic material, living things, and procedures involving the manipulation of biological components.[1] It encompasses a wide range of technologies […]
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 […]
An Essay on the Healthcare Industry and Patents: An Indian Approach
Introduction The World Trade Organization (WTO), via the TRIPS agreement, has set out various governing provisions for pharmaceutical patents. Under these provisions, the authorities provide patent holders protection on their patents for at least two decades. Patents provide the patentee an exclusive license to create, utilize, or trade the patented innovation and forbid others from […]
Regulatory And Legislative Realm Of Generic Drugs In India And Abroad
The importance of Intellectual Property Rights in the 21st century cannot be more emphasised. The concept of asset fencing, to secure the Intellectual Property is echoing every corner of the world. Pharmaceutical industry is no exception to it, and hence there is a whispered use of IPR in this area, with wide range of controversial […]
Analysing the Legality and Ethical Debates Surrounding Biological Patents
In today’s day and age, scientific innovations are developing at a breakneck speed. A lion’s share of this development is facilitated by the biotechnology sector. In a broad sense, biotechnology can be defined as an area in biology that uses biological elements and living organisms to create products for commercial purposes. Such products may include […]
Patents and Public Health
Introduction Patents and public health is the most relevant topic of discussion when the whole world is fighting against the global pandemic, Covid-19. It is no doubt that granting patent protection to a drug is important and serves many purposes, but can we put the lives of millions of people at stake in this time […]
Trade Secret Laws: Need Of An Hour
“Trade secret protection directly addresses the appropriability problem by limiting contracting parties use and dissemination of proprietary information, thereby enhancing incentives to produce valuable information.[i]” When we see the Indian laws there are no such legislations with regard to the same but this concept has been widely discussed around the world. India tried to resolve […]
A Closer Look At Tea Board, India V. ITC Limited Dispute
Introduction Shahi Litchi of Bihar, Mysore Silk, Coorg Orange, Kashmiri Pashmina, Mizo Chilli among many others have one thing in common i.e. their quality, production and reputation is firmly attached to a particular geographical location. Property Rights are granted to products of such nature due to the fact that they are produced in a specific […]