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
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?
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.
Copyrightability of Characters: A study in light of proper allocation of Performers’ rights
By Pallavi Verma, RMLNLU Editor’s Note: This article discusses the relevant laws and international conventions that deal with the protection of a performers’ copyright. The author
Sound: An Unconventional Trademark
By Pranav Gupta and Isha Tyagi, Symbiosis Law School Noida Editor’s Note: This paper attempts to analyse the Indian law dealing with the registration of “unconventional
Interplay Between Competition Law And IPR In Its Regulation Of Market
By Shubhodip Chakraborty Editor’s Note: Markets are governed by different regulatory mechanisms. One of the important objectives of the mechanism is to strike a reasonable
Evaluation Of India’s Stand On Pharmaceutical Patenting
By Aakansha Bhola Editor’s Note: Patents are intellectual property usually possessed by the industry. They usually protect the commercial right of the patent-holder. But before
Right to Health vis-à-vis Patent Protection: The Indian Scenario
By Rahul Vicky, CNLU Patna Introduction In India, all drugs were generics before 2005 because there were no product patents for pharmaceuticals. India became fully
Copyright infringement by ISPs
By Priyan Garg Amity University, Uttar Pradesh Editor’s note: If you can’t protect what you own—you don’t own anything. That is the principle that copyright
International Developments Relating To Protection Of Traditional Knowledge
By Navin Anand, CNLU INTRODUCTION Traditional knowledge has been defined as ‘a body of knowledge built by a group of people through generations living in
The Moral Rights of an Author
By Nidhi Kumari, CNLU INTRODUCTION Universal Declaration of Human Rights, Article 27(2) “Everyone has the right to the protection of the moral and material interests
Intellectual Property Rights in Pharmaceuticals
By Amitav Singh, National University of Advanced Legal Studies, Kochi “Editor’s Note: With the rapid advancement of science and technology, the pharmaceutical industry has been
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.
Cyber Sharing (In terms of Peer-to-Peer networks): Opportunity or Challenge to Entertainment Industry
By Sudhanshu Prakash, School of Legal Studies, Cochin University of Science & Technology, Kochi “Editor’s Note: In the era of technological advancement, cyber crimes are
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.
EverGreening: An Abuse of the Patent System
By Sushmita R., Christ Law College, Bangalore “Editor’s Note: Intellectual Property laws are one of the most complexed laws that exist today. India, in order to
Law and Technology
By Nabarun Chandra Ray, GNLU Editors Note: Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human activity
Biotechnology Patents And Problem Of Non-Obviousness
By Rahul Deo, CNLU Patna Editors Note: In recent years, there has been an explosive growth in biotechnology research. The society has witnessed the completion
Rights under the Semiconductor Act, 2000
By Soumik Chakraborty Editor’s Note: The Semiconductor Integrated Circuit Layout-Design Act, 2000, protects original, inherently distinctive layout-designs that have not been previously commercially exploited. Registration is
Competition Law and Policy vis-à-vis Intellectual Property
By Pravesh Aggarwal and Narayan Prasad Editor’s Note: This paper attempts to analyze the two seemingly separate branches of law in connection with each other and
