Tag: IPR

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 balance between the conflicting interests among the various stakeholders. Free market operates automatically because of unregulated supply and demand of basic needs without much intervention […]

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 TRIPS compliant in 2005 through the introduction of pharmaceutical patents, with legislation that included safeguards to protect public health. In particular, section 3(d) of India’s […]

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 close contact with nature’. The protection under intellectual property rights (IPRs) of traditional and indigenous knowledge (TK) has received growing attention since the adoption of […]

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 resulting from any scientific, literary or artistic production of which he is the author[i]” When an artist creates, he expresses an opinion. Whether it is […]

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.