Intellectual Property Rights (IPR)

State of the Climate in Asia 2024

The World Meteorological Organization’s State of the Climate in Asia 2024 report warns that the region is warming nearly twice as fast as the global average, driving more extreme weather and posing serious threats to lives, ecosystems, and economies. In 2024, Asia experienced its warmest or second warmest year on …

The impact of TRIPS on innovation and exports: a case study of the pharmaceutical industry in India

Currently, there is a debate on what impact the implementation of the Trade Related Aspects of Intellectual Property Rights (TRIPS) in India would have on its pharmaceutical industry and health care. The debate hinges primarily on two major questions. First, will the new patent regime provide an impetus for innovation …

Ensuring a development-friendly WTO

The Doha Round negotiations, formally named the Doha Development Agenda, continue to founder. While agriculture negotiations have dominated public discussion, the critical obstacle to conclusion of the round is the failure of negotiations so far to deliver on developing country needs. Feb 2008

Trials and TRIPS-ulations: Indian patent law and Novartis ag v. Union of India

When pharmaceutical company Novartis challenged the rejection of its patent application for the leukemia drug Gleevec in Novartis AG v. Union of India, it became the first major legal challenge to India’s newly amended patent law. In 2005, India purportedly made the final changes required to bring its intellectual property …

EU court asks Microsoft to fall in line

europe's second highest court has come down heavily on software giant Microsoft. In a landmark judgment on September 17, eu's Court of First Instance backed a 2004 decision to fine Microsoft and asked the software giant to change its Windows operating system for compatibility with rival systems. In 2004, the …

Intellectual property rights, biodiversity and traditional knowledge

This report starts with a brief account of different types of IPRs, including a brief overview of the WTO TRIPs agreement. It focuses on biodiversity and relationship with the IPR regime. The benefits of biodiversity and the Convention on Biological Diversity have been explained. The relationship between the CBD and …

Geographical indications and biodiversity in the Western Ghats, India

A geographical indication (GI) is a form of protection highlighted in the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO). It protects intangible economic assets such as the quality and reputation of a product through market differentiation. It is considered a promising tool …

Amul loses its sugar free market

in an interim injunction on April 3, 2007, the Delhi High Court stayed the sale of Amul's new sugar-free ice cream until May 3. This came in response to a case filed by Ahmedabad-based drug and health food company, Zydus Cadila Ltd, on April 2, 2007, claiming infringement of its …

Protests against Abbott laboratory in Bangkok

thailand's capital Bangkok witnessed protests outside the office of us multinational Abbott Laboratories on March 14, 2007. A day before, the company had withdrawn applications to register seven new formulations including a new version of the anti-hiv-drug Kaletra. It claimed the Thai government had violated international patent laws by permitting …

Mind your language Intellectual property police could be lurking with intent

going by recent developments in the world of intellectual property disputes, it appears that being extremely cautious while dipping into one's lexicographical reservoir will not qualify as a form of litigation-induced paranoia. Consider this seemingly innocuous tableau. You are in the company of friends, say, at India Gate, enjoying a …

News snippets

>> Viacom on March 13 slapped a billion-dollar lawsuit against Google and its affiliate YouTube in New York. It accuses the video-sharing website of massive copyright infringement. It alleges that almost 160,000 unauthorised clips of Viacom's programmes are available on YouTube, which recently said it would remove more than 100,000 …

Misdirecting research

The Bayh-Dole Act was passed on December 12, 1980, aiming to give universities, small businesses and research organisations intellectual property control of inventions that come out of federally funded research. The act enables the private sector to buy rights to produce inventions from research institutions. This promotes a research-industry partnership …

Cut and paste patent report withdrawn

the report of the Technical Expert Group headed by R A Mashelkar, set up to report on aspects of the patent law in the context of the international regime of intellectual property rights, has been withdrawn. The report was to have been used in a case filed by multinational pharmaceutical …

Biodiversity and indigenous knowledge system

Biological diversity is an asset of vital significance to human beings, as it provides food, medicine and industrial raw materials along with an immense potential for accruing many unknown benefits to future generations. The areas rich in biodiversity are also an abode of diverse ethnic groups possessing a valuable reservoir …

Taking TRIPS to India — Novartis, patent law, and access to medicines

In August and September 2006, patients with cancer, lawyers for patient advocacy groups, and representatives of nongovernmental organizations (NGOs) converged on the offices of Novartis in Mumbai, India, to protest the company's efforts to obtain an Indian patent on Gleevec, the company's brand-name version of imatinib mesylate. Gleevec (spelled Glivec …

Access and benefit sharing from the indigenous people's perspective: The TBGRI-Kani 'model'

The right to permanent sovereignty of indigenous peoples over natural resources is implicit in international law particularly in the right of ownership of the lands they historically or traditionally use and occupy, the rights to self-determination and autonomy, the right to development, and the right to be free from discrimination …

Dealing with the threat of climate change: India country paper

India is committed to the international regime represented by the UN Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol as the most appropriate tools to guide international efforts to protect global climate systems by reversing climate change in accordance with the principle of common but differentiated responsibilities This …

Course change

What is the reason for the growing regional trade agreements (rtas)? The key driver seems to be the slack in the multilateral process and the desire to achieve greater market access through alternative trade policy instruments. Thus, in 2004-2005, when progress at the World Trade Organization (WTO) was haltingly slow, …

Not brewing right

TEA from the Darjeeling hills are among the most celebrated varieties in the country. Combination of geo-environmental and agro-climatic conditions in the region makes production favourable for the tea industry, which has been producing tea for over 150 years now. But the industry is fraught with problems, which are affecting …

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