Tag: “compulsory licensing”

Understanding the Impact of Patent Pooling on Competition Law Policy

Patent pooling is a form of arrangement by which entities can bring in the rights associated with a patented invention to interdependent or complementary economic exploitation. By such an arrangement, different patent holders can unify their rights with the means of production and distribution, that is, licensees, to the market that has the relevant demand. … Continue reading Understanding the Impact of Patent Pooling on Competition Law Policy

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IP Waiver and Its Applicability in The Contemporary Times: Part II

INTRODUCTION As discussed in part I of the blog, an IP waiver “removes” intellectual property protection for a limited time. India and South Africa had come up with an initiative that proposes that countries have the option of not applying patents and other intellectual property related to health products and technologies, such as therapeutics, diagnostics, … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part II

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Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma

Lee Pharma, a Hyderabad-based Indian pharma company, has filed a Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the patented drugs Saxagliptin for treating Diabetes Mellitus. The Patent on Saxagliptin was granted to Bristol Myers Squibb (BMS) in India on 30th April 2007 having number IN … Continue reading Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma

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Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

Introduction Patent troll relates to a person or company that enforces its patents against one or more alleged infringers in an opportunistic and unduly aggressive manner, often with no intention to manufacture or market the patented invention. Various terms such as patent trolls, patent monetization companies, or patent assertion entities are used for such entities; … Continue reading Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

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