Tag: TRIPS Agreement

To Patent, Or Not To Patent, That Is The Question

The granting of secondary use patents in the pharmaceutical industry has become more prominent after the negotiations of the TRIPS Agreement in 1995. More and more secondary use patents have been granted, especially in developed countries. But, on the flip side, some firms tend to take advantage of secondary use patents in order to extend … Continue reading To Patent, Or Not To Patent, That Is The Question

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VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

Gajendra Khichi, an intern at Khurana and Khurana talks about case of patent exhaustion or doctrine of exhaustion. Through this post, he gives special emphasis on the recent case of Vernon Hugh Bowman v/s Monsanto Company et al., which created quite a stir regarding patentability of seeds and plants. Today, when you acquire a new patented machine, … Continue reading VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

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Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection … Continue reading Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

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