Interrelation between TRIPS Agreement and Compulsory Licensing
THE TRIPS AGREEMENT & COMPULSORY LICENSING The TRIPS Agreement, signed parallel to the establishment of the World Trade Organization (WTO) in 1994, tried to create an international intellectual property rights regime that would harmonize legislative standards among WTO member countries. Before the TRIPS Agreement, many countries did not allow pharmaceutical products to be patented to … Continue reading Interrelation between TRIPS Agreement and Compulsory Licensing
Read more »Protecting Melodies – Music and Intellectual property rights
Human Mind can be described as one of the marvels of the world owing to its intellectual ability. From the scientific and technological breakdowns to development of art, Human Mind has brought the world on a whole different level. These original ideas, designs, creations, innovations done by human ability are called as Intellectual Properties. They … Continue reading Protecting Melodies – Music and Intellectual property rights
Read more »Navigating Form 27 for Patentees and Licensees: Insights into the Post 2024 Amendments
Understanding Form 27 Form 27 is a very important document in the Indian patent system, through which details regarding the commercial working of a patented invention are given. Under the old system, the patentees had to file Form 27 every year, relating to whether the invention was worked in India, the manner of its working, … Continue reading Navigating Form 27 for Patentees and Licensees: Insights into the Post 2024 Amendments
Read more »Registration Process for Copyright in India
INTRODUCTION In India, the pathway to register a copyright is simply laid out, but it contains a number of steps to follow. The fact that copyright protection is automatically granted upon the creation of a piece of work does not mean that formal registration isn’t important; it maintains a legal record of ownership and may … Continue reading Registration Process for Copyright in India
Read more »Digital Assets and Gameplay – Ipr in Esports
INTRODUCTION Esports appear to be a rapidly growing industry, and its market is likely to reach $2.11 billion in 2024 with their CAGR being 20.05% through 2029.[1] These include increased live streaming, higher viewership, and increased investment in respect to infrastructure and events. Despite the advancements in esports, IP is the foundation for protecting the … Continue reading Digital Assets and Gameplay – Ipr in Esports
Read more »Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited
A main part of global healthcare system is the pharmaceutical industry, which calls for great procession in protecting intellectual property. By identifying one product from another, trademarks in this industry serve to both protect consumers and represent a company’s brand. The Delhi High Court’s ruling in Mankind Pharma Limited v. Sanshiv Health Tech Private Limited … Continue reading Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited
Read more »Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Introduction The “Inevitable Disclosure Doctrine” often stands at the crossroads between corporate protectionism and individual rights in employment law. At least on the outset, the doctrine appears to be necessary to protect proprietary information from abuse through the movability of employees into competing companies. However, on closer inspection, it reflects an undesirable picture: the doctrine … Continue reading Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Read more »Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions
INTERPRETING ARTICLE 20 WITH ARTICLE 7 AND 8 Thus, reading Article 20 in the light of Articles 7 and 8 puts particular emphasis on the balancing of legitimate needs of patent owners with rights of WTO Members for protection towards society’s interests. However, a three-step test in Canada-Patents, sidestepping balancing assessment to the third step … Continue reading Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions
Read more »Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
Read more »The Mis-Connection between the Copyright Law and PMLA
Introduction The Prevention of Money-Laundering Act, 2002[1] (hereinafter “PMLA”), contains as a predicate offence,[2] the Copyright Act, 1957 (hereinafter “CA”). While the framework of PMLA does lend, and improve the funtioning of, the CA—by causing increased reputational risk; compliance improvements; and a further disincentivisation for the internalisation of infringement costs; there are notworthy concerns relating … Continue reading The Mis-Connection between the Copyright Law and PMLA
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