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 »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 »Idea-Expression Dichotomy in Copyright: Judicial Rulings and Merger Doctrine
Abstract Idea expression is the fundamental principle of copyright. This is also given in TRIPS, WIPO Copyright Treaty. Through this article, we will discuss the concept of Idea expression dichotomy, merger doctrine, and Scenes a Faire. We will also discuss the reasoning of the court while deciding the matter of idea-expression dichotomy. We will see … Continue reading Idea-Expression Dichotomy in Copyright: Judicial Rulings and Merger Doctrine
Read more »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
Read more »IP Waiver and Its Applicability in The Contemporary Times: Part I
INTRODUCTION Intellectual Property Rights vest with the owner of any intellectual property. Intellectual property includes any property which comes out as a creation of the human mind. It could involve the biggest invention or any innovation done to solve a problem prevailing in society. These rights are provided to the inventor in many different forms … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part I
Read more »The Role of Intellectual Property Rights in Economic Development
Introduction Intellectual Property is that property that is developed by the human mind and by human intellect. Now intellectual property and rights attached to intellectual property are becoming very precious and valuable. In India, there are well-established administrative, statutory, and Judicial frameworks for protecting IPR. India has to comply with the Agreement on Trade-Related Intellectual … Continue reading The Role of Intellectual Property Rights in Economic Development
Read more »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
Read more »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
Read more »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
Read more »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.
Read more »