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 …
India continues to languish near the bottom in an international intellectual property index, ranking 43rd out of 45 global economies, according to a report by the US Chamber of Commerce's Global Intellectual Property Center (GIPC). The GIPC also highlighted the need for the government to build upon the positive rhetoric …
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 …
Patents and other intellectual property such as know-how are a complex issue for policy makers and civil society experts, especially considering the large number of patents involved and the sensitivity and confidentiality around licensing agreements. This paper does not attempt to offer a solution to the patent debate. Rather, it …
This report provides guidance for countries to enhance the functioning and transparency of the patent system for the timely and affordable access to lifesaving treatment. Affordable access to treatment is closely linked with the aspiration to ensure health and well-being for all, as embodied in the Sustainable Development Goal (SDG). …
The Union Cabinet approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelise these energies towards a better and …
What are we to do about antibiotic resistance? Last week, another government report repeated stark warnings about the crisis, and offered some suggestions to improve the situation. The UK report, prepared by a panel chaired by the economist Jim O'Neill, naturally focused on financial incentives, including US$1-billion prizes for pharmaceutical …
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 …
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 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.
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 …
Order of the Calcutta High Court in the matter of Hindustan Unilever Limited Vs Procter and Gamble Home Products Limited dated 15/02/2010 regarding advertisement and telecasting of the television commercials which disparage the goods of the petitioner (Hindustan Unilever Limited). The case of the petitioner is that by telecasting television …
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”.
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 …
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.
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 …
Pashmina, popularly known as 'Cashmere' is well known for its fineness, warmth, softness, desirable aesthetic value, elegance and timelessness in fashion. It is most luxurious, softer and warmer than superfine merino wool. India produces abouut 40-50 tonnes of fibre annually.
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.
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 …
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 …
