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

K M GopaKumarSubscribe to K M GopaKumar

Why New IPR Policy Is Inadequate

By proposing a maximalist approach towards intellectual property rights, the new IPR policy announced by the government is not tailored for India's socio-economic requirements.

Intellectual Property

[An open letter to Prime Minister Narendra Modi.] We, the undersigned, wish to share with you some of our concerns on India’s position on intellectual property (IP), particularly in the context of bilateral relations between the United States (US) and India. We gather from the US-India joint...

The Need to Curb Patents on Known Substances

Despite a progressive judgment by the Supreme Court of India on Section 3(d) of the Indian Patents Act, the processes of legislation and implementation are not equipped to uphold the spirit of the Novartis judgment. This article explains the various loopholes that plague the system of patents in India, and suggests possible solutions.

Data Exclusivity in Pharmaceuticals: Little Basis, False Claims

Article 39.3 of the World Trade Organisation's agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that undisclosed pharmaceutical test data should remain undisclosed in order to prevent its unfair commercial use. Explaining the historical context and the textual interpretation of Article 39.3, this paper examines whether such data exclusivity is justified. While the pursuit of data exclusivity may be viable for the pharmaceutical industry in the US and EU, the situation is altogether different for developing countries such as India, where pursuing data exclusivity could prove to be detrimental to its pharmaceutical industry.

Patents (Amendment) Bill 2005: A Critique

Only one more amendment was required, technically speaking, to make Indian law finally compliant with the TRIPS Agreement, i e, the introduction of product patents for pharmaceutical inventions. However, the Patents Bill made 74 amendments to the Patents Act of 1970, thus taking it much beyond the requirements of TRIPS. While Parliament has modified some of these amendments, it has chosen not to incorporate all the flexibilities that are available within TRIPS to safeguard public interest. As the bill now stands, unless the president were to return it to Parliament for consideraton, it fails to protect the public from the aggressive monopolies that patents confer on the right holders.

Perspectives on Copyright

Just how much leeway do writers/producers have under the law to freely use ideas from published works and films without acknowledgement?
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