Tag: TRIPS

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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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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A study on: Novartis AG V. Union of India

Introduction: Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given … Continue reading A study on: Novartis AG V. Union of India

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Case Study: Tea Board of India Vs. ITC Ltd.

What is GI? A Geographical Indication (GI) is defined in the TRIPS Agreement. The mark of GI acts as an indicator which identifies a good as which originates in the territory of a Member country, or a regional locality in that territory, which has a quality, reputation or other characteristic of the good because of … Continue reading Case Study: Tea Board of India Vs. ITC Ltd.

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Position Of Unconventional Trademarks In India

INTRODUCTION As of late, the field of intellectual property has seen immense improvement, particularly with respect to trademarks. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) perceives different sorts of trademarks. India has additionally rolled out vital improvements in its laws to follow the arrangements of the TRIPS agreement. A trademark according to … Continue reading Position Of Unconventional Trademarks In India

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Trademark Squatting: A Threat To MNCs

With the evolution of Globalization and the increasing presence of multi-national corporations like Amazon and Apple Inc. amongst others, enforcing Global Intellectual Property (“IP”) Rights becomes indispensable. As a result of this, business owners need to be conscious of ways to ensure that their IP, especially trademarks is protected globally. In 2012, Apple faced an … Continue reading Trademark Squatting: A Threat To MNCs

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The Budding Patent Law in Myanmar

Myanmar, also known as Burma, a least developed country in mainland South-East Asia, is still in its embryonic phase of Intellectual Property Laws. The country is not presently a signatory to the Paris Convention for the Protection of Industrial Property or any other treaty protecting patents. The Burma Patents and Designs (Emergency Provisions) Act 1946 … Continue reading The Budding Patent Law in Myanmar

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“Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?”

INTRODUCTION For harmonising IPRs at international level, providing common forum for negotiation and resolving disputes between members state we need single global institution. Earlier WIPO was the main forum for international negotiations of IPR and then WTO implemented TRIPs agreement came and become main forum replacing WIPO. Both these institutions working method is different, and … Continue reading “Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?”

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