The Role of IPR in the pharmaceutical industry
IPR gives protection to the inventions of the pharmaceutical companies and sets the foundation by which technological and medical advancements take place....
Patentability of Artificial Intelligence
Recently, South Africa granted patent was granted to Artificial Intelligence (AI) system called DABUS concerning food container based on fractal geometry....
Double-Patenting In Patent Law
Double-patenting attempts to secure more than one patent to the same invention by the same applicant in the same jurisdiction. Double Patenting often leads to a condition called "Evergreening"....
The Interface Between IPR And Competition Law
Though IPR and Competition Law, work towards attaining the common goal IP provides for royalties, incentives and promote invention whereas Competition Law provides for removing unfair market practices, decreasing anti-competition policies etc....
Pharmaceutical Patenting In India: Issues And Concerns
Drug patenting or pharmaceutical patenting simply means patenting the pharmaceutical drugs or the process of making them or both. This right allows the inventors to monopolize the drugs they manufacture which could mean some harm to the ones who cannot afford these drugs for the amount that is quoted....
Balancing Patent Rights and Need for Introduction of The Concept of Fair Use in Patent Law
The enforcement of the IP Rights must be in conducive to a balance of rights and obligations. The law seeks for a balance between rights of the inventor of a patent and his obligations towards the country or humanity in general. In other words, it can be stated that there is a need to strike balance between the right holders and the larger public interest....
The Concept of Traditional knowledge and patent issues
The traditional knowledge is to be safeguarded, because the knowledge of practice and also the skills which are developed or sustained are passed from generation to generation within a community which often forms an element of its cultural or spiritual identity....
Conceptual Issues Of Patenting Of Life Forms
The concept of patentability of life forms and the associated issues took root in the late 1900s wherein there was a sudden rise in research surrounding gene technology or biotechnology. As the field of biotechnology grew rapidly, those involved in related studies were able to utilise findings of their research to manipulate the naturally existing life forms to benefit the society on a large scale...
Exhaustion Of Rights And Parallel Import
Parallel import does not mean misrepresentation of products rather in the concept of parallel import the goods are very much genuine branded products which are originating in one country and then subsequently sold in another country without approval of registered proprietor of the intellectual property....
Critical Analysis Of Novartis Case In IPR Regime
The judgement in the case of Novartis AG v. Union of India, pronounced by the Hon’ble Supreme Court has become one of the landmark judgements in the history of India. The judgement came as a relief to many people to have easy access to medicine at a minimum cost, and the availability of life-saving medicines at an affordable rate thus expanding the scope of Section 3(d) of the Indian Patent Act,...