Category: bLAWgathon

Should Ever-Greening Of Patents Prohibit Affordable Drugs?

A patent1 is given to a novel invention having utility value and does not appear obvious to a person skilled in the art. It is one of the important intellectual properties having tremendous economic potential. It awards economic monopoly (right to produce, sell, licence, import, assign, and use) to the patentee for a limited period … Continue reading Should Ever-Greening Of Patents Prohibit Affordable Drugs?

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The Multidimensional Question Of 3 Dimensional Trademarks

Introduction The product market today is highly competitive. If a brand does not constantly evolve itself, it is at the danger of failing to satisfy its customers. To keep reinventing itself, it must ensure protection to the assets that bring value to the company. For this reason, it is important to give recognition to non-conventional … Continue reading The Multidimensional Question Of 3 Dimensional Trademarks

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The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

Introduction Intellectual Property Rights, in the simplest of terms, refer to rights over creation of the mind. In a world where knowledge economies are on the rise, IPR has become increasingly significant. Intellectual Property Rights entail several rights within its ambit- copyright, patent, geographical indication etc. In this article, we deal only with one form of … Continue reading The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

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Protecting the Patent Regime for Pharmaceutical Companies in India

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for more extensive protection of intellectual property by the WTO members who signed the agreement. India signed the agreement and subsequently amended the Patents Act of 1970, in compliance with TRIPS in 2005. However, India, as a developing country, has been faced with the … Continue reading Protecting the Patent Regime for Pharmaceutical Companies in India

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The New Age Eugenics Of DNA Patenting

Abstract ‘DNA Theft’ is the new term employed to decipher the existing legal regime in the field of gene patenting. The oblivious nature of law has ceded transcending to a more flexible framework concerning the same. DNA is vested with a proprietary interest of ownership. ‘Patenting gene’ impinges the individual right to privacy. This paper … Continue reading The New Age Eugenics Of DNA Patenting

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Extending Protection to Ideas; Breaking the Notion of Monopoly

An Idea can be defined as, “A concept which has not been put in a tangible form so as to be a subject of copyright but which may be a subject of protection by Contract.”[1] The manifestation of ideas into words or any material form is called ‘expressing’ the idea.[2] The objective of the copyright … Continue reading Extending Protection to Ideas; Breaking the Notion of Monopoly

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IP Commercialisation – Case Study Related to Software /IT Industry

Prologue: IP commercialization entails that one has the necessary intellectual property rights on the IP being commercializated and the commercialization would essentially have two parts – IP valuation and the consideration (fees). In this article we look at the commercialization aspects of the intellectual property rights in software; through the case study approach. Valuaton and … Continue reading IP Commercialisation – Case Study Related to Software /IT Industry

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