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What is the Impact of TRIPS on Pharmaceutical Industry in India? A Comprehensive Analysis

What is the Impact of TRIPS on Pharmaceutical Industry in India? A Comprehensive Analysis

This article is a nuanced understanding of the impact of TRIPS on pharmaceutical Industry and the right to health. Since its making, the TRIPS Agreement or Trade-Related Aspects of Intellectual Property Rights Agreement has affected IPR, especially in developing countries. The article gauges how the pharmaceutical industry functions and interact with India’s Patent Act and its subsequent amendments. Abinaya K does a detailed analysis of practices like ‘evergreening of patents’. She also provides alternatives such as compulsory licensing and price ceilings to balance and protect the right of health for the consumer at large.

Fluid Trademark Examples and Emergence Pre and Post the COVID-19 Era

fluid trademark examples

With technological advancements and brands’ creative proactiveness, we see many fluid trademark examples in India and the world. Especially after the Covid pandemic, many brands added elements to their trademarks to stay relevant. However, despite an overhaul of creative fluid trademarks, Indian courts haven’t seen many cases related to fluid trademarks. In addition, the Indian law doesn’t specifically mention the same. Highlighting international jurisprudence and case laws, Saumya Saxena details the meaning, scope and importance of fluid trademarks in India and elsewhere.

Demand for Covid Vaccine Patent Waiver: Justified or Unreasonable?

covid vaccine patent waver

On June 14, at an inaugural session at the G7 Summit, India stressed for Covid vaccine patent waiver for the umpteenth time. India requested a lift of patent for the Covid-19 vaccine after the United States had offered to support the same in May. While the Council of TRIPS recently decided to hold a series of meetings till July to mull over patent wavers for the Covid vaccine, the push for the same got initiated in October last year. Although reasonable, the demand for a patent waiver by South Africa and India caused quite a stir among pharmaceutical companies and wealthier nations. Nishtha Mittal breaks down the meaning and significance of intellectual property rights with respect to the Covid vaccine and its equitable distribution. She argues that amid a raging emergency, a middle path could offer a tangible solution.

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Towards The TRIPS Agreement

The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil courts or administrative proceedings. However, considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.

Patents and Right to Health

‘Patent’ word derives its origin from the Latin word “Patere” which means to “open up”. Patent is an Intellectual Property Right that grants exclusive monopoly rights to the holder of the patent to use, manufacture, produce, sell and/or market the invention. Though patents provide an incentive to innovate but they also make it difficult for countries to keep health care costs low. Considering specifically pharmaceutical patents (product patents), monopoly rights to commercially exploit a drug may lead to high pricing of the drugs to recoup the R&D costs before expiration of term of the patent. Therefore, the issue becomes very significant because while patents are food for thought of inventors, it cannot be neglected that these do lead to high prices of drugs, thereby affecting the health of the society at large.


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