ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Dwijen RangnekarSubscribe to Dwijen Rangnekar

Equipment for Battles on Intellectual Property Rights

Review of Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights by Rajshree Chandra (Oxford University Press), 2010; paperback Rs 450.

The Supreme Court Judgment

Bringing together the various aspects of and issues related to the recent Supreme Court judgment rejecting Novartis's patent for Glivec, this writeup introduces a set of articles discussing pharmaceutical patents and their evergreening, Section 3(d) of the Indian Patents Act, as well as the Trade-Related Aspects of Intellectual Property Rights Agreement. Even as it does all of this, the write-up places the observations in a wider context that tells a story of lawmaking in the south.

Is Plagiarism the Only Problem with Mashelkar Report?

Plagiarism is unpardonable, particularly for the Mashelkar Committee, whose report deals with intellectual property. But that is not the only problem. With the report being cited as a credible and authoritative source in the Novartis case in the Chennai High Court, there is greater urgency to critically examine its findings.

No Pills for Poor People?

The recent amendment to the Patent Act, 1970 brings India into full compliance with its obligations under the Trade-related Aspects of Intellectual Property Rights agreement, in particular allowing for product patents in the area of pharmaceuticals and agri-chemicals. This amendment, the third to the 1970 Act, was characterised by a relatively muted rhetoric and a remarkable level of shared consensus amongst campaigners and critics. Focusing largely on domestic compulsions, as opposed to the global, the paper explores whether the shared consensus sets too narrow an agenda for patent reform. The paper suggests that the limits to implementing TRIPs are equally on account of ambivalence within the government with respect to intellectual property and the changing self-interest of sections of Indian pharma. Thus, despite a favourable international climate in the area of intellectual property (read Seattle, Doha and Cancun), patent reform in India has been doubly constrained by the narrow agenda and domestic factors.
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