Patents

Draft Patents (Amendment), Rules, 2023

The Ministry of Commerce and Industry, under the Department for Promotion of Industry and Internal Trade, has introduced draft amendments to the Patents Rules, 2003. These drafts detail various changes proposed by the Central Government, anchored on section 159 of the Patents Act, 1970. The government seeks to amend the …

State of the world's plants 2016

The spread of pests and pathogens that damage plant life could cost global agriculture $540 billion a year, according to this report released by the Royal Botanic Gardens in London. An increase in international trade and travel had left flora facing rising threats from invasive pests and pathogens, and called …

India needs home-grown GM food to stop starvation

Indian scientists must develop domestic genetically modified crops rather than rely on unsuitable foreign technology. Original Source

Affordable healthcare threatened! Concern for all stakeholders

The outrageous price rise of the 62-year-old drug, Daraprim (Pyrimethamine) has sent the United States medical fraternity into a dizzy. The price of the drug was raised from USD 13.50 to USD 750 per pill in just over a month. This obnoxious price rise of over 5,000% came after the …

Judgement of the Delhi High Court regarding infringement patented anti diabetic drugs, India, 07/10/2015

Judgement of the Delhi High Court in the matter of Merck Sharp & Dohme Corporation & Others Vs Glenmark Pharmaceuticals Ltd. dated 07/10/2015 regarding infringement of Merck Sharp's patented anti diabetic drugs sold under the brand name JANUVIA and JANUMET.

Order of the Delhi High Court regarding patent for a pharmaceutical product titled “Carboxyarly Substituted Diphenyl Ureas”, 12/08/2015

Order of the Delhi High Court in the matter of Bayer Corporation Vs Union of India & Others dated 12/08/2015 regarding patent for a pharmaceutical product titled “Carboxyarly Substituted Diphenyl Ureas”.

India’s IPR regime: reconciling affordable access with patent protection

Even as India-US trade (in both goods and services) has progressed towards the $100 billion mark, 2013-14 witnessed the emergence of a number of issues which adversely impacted the climate for bilateral trade and investment. Of these, none has been more contentious than the question of India’s IPR regime for …

The price of innovation: new estimates of drug development costs

The research and development costs of 68 randomly selected new drugs were obtained from a survey of 10 pharmaceutical firms. These data were used to estimate the average pre-tax cost of new drug development. The costs of compounds abandoned during testing were linked to the costs of compounds that obtained …

Software patent in India: A comparative judicial and empirical overview

The question of software patent and its patentability was discussed in June, 2014 by the Supreme Court of the United States of America (USA) in the case of Alice Corporation v CLS Bank International. It has become necessary to view the issue of software patent in a new light as …

Trans-Pacific trade pact triggers fears over drug prices

A new trade agreement being negotiated between 12 countries has come under fire from health campaigners who say it will push up drug prices and weaken health services.

Invention and diffusion of water supply and water efficiency technologies: insights from a global patent dataset

This paper identifies over 50 000 patents filed worldwide in various water-related technologies between 1990 and 2010, distinguishing between those related to availability (supply) and conservation (demand) technologies. Patenting activity is analysed – including inventive activity by country and technology, international diffusion of such water-related technologies, and international collaboration in …

Doctrine of willful patent infringement: Evolution under American patent law and need of further research

Though there are criminal remedies specifically for trademark and copyright infringement the same is not a mandate in case of patent infringement. Article 61 of TRIPS, is the sole article containing requirements for criminal procedures that signatories to the Agreement may implement. Article 61 was debated with regard to the …

Judgement of the Delhi High Court regarding patent violation of Merck Sharp & Dohme diabetes drugs by Glenmark, 20/03/2015

Judgement of the Delhi High Court in the matter of Merck Sharp And Dohme Corporation and Others Vs Glenmark Pharmaceuticals dated 20/03/2015 regarding patent violation of Merck Sharp & Dohme diabetes drugs by Glenmark.

To what extent are pharmaceutical prices determined by patents? A case study of oncology medicines in Thailand

This study seeks to assess the relative impact of patent status as a component of pharmaceutical prices while controlling other market and medicine characteristics on the retail prices of oncology medicines in Thailand. Ordinary Least-Squares (OLS) regression model of log prices as a function of supply and demand factors was …

First draft of the National IPR Policy 2014

The IPR Think Tank set up by the Government of India submitted its first Draft of the National IPR Policy on 19th December, 2014. The document covers an overview of India’s IP system, the vision, mission and objectives of the policy as well as the integration of IP with the …

The Convention on Biological Diversity and the Nagoya Protocol: intellectual property implications

This publication has been developed as a handbook aimed at better understanding the intellectual property implications of the 1992 Convention on Biological Diversity and the 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization. The Convention on Biological Diversity …

The myth of branded generics

The pharmaceutical market in India is unique in that it is dominated by "branded" generics which enjoy a price premium though they are not superior to "unbranded" generics in either pharmacopoeia or therapeutic value. Aggressive marketing of branded generics has led to higher prices, irrational fixed dose combinations and concentration …

Judgement of the Supreme Court of India regarding intellectual property licence agreements on the manufacture of wind turbines, 02/06/2014

Judgement of the Supreme Court of India in the matter of Dr. Aloys Wobben & Others Vs Yogesh Mehra & Others regarding intellectual property licence agreements on the manufacture of wind turbines.

Patenting trends among the SAARC nations: comparing the local and international patenting intensity

An attempt has been made in this study to present an overview of the patenting intensity of South Asian Association for Regional Cooperation (SAARC) countries. Patent data originating from SAARC countries from 1995 to 2011, filed through World Intellectual Property Organization (WIPO), European Patent Office and United States Patent and …

2014 special 301 report on intellectual property rights

The Special 301 Report is the result of an annual review of the state of intellectual property rights (IPR) protection and enforcement in U.S. trading partners around world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974, as …

Geographical indications in India: Hitherto and challenges

Every geographical region has its name and fame. Mostly the qualities and characteristics of certain goods attributable to some geographical locations and reputable to “as produce of certain region” come under Geographical Indications (GI). It is an emerging trend in Intellectual Property Rights. This review provides an overview of the …

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