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

Articles By Intellectual Property Rights

COVID-19 and IPR Waiver

The Government of India is seeking an intellectual property rights waiver under Sections 1 (copyright and related rights), 4 (industrial designs), 5 (patents), and 7 (protection of undisclosed information) of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Seeking an IPR waiver is based on the presumption that it will allow more firms to manufacture vaccines and medicines, thereby enhancing their availability at a cheaper price. However, IPR waivers for COVID-19 vaccines and medicines are unlikely to make any difference. A more effective approach is to use compulsory licences, and reduce tariffs and non-tariff measures.

 

Two Countries, One Corporation and Its Intellectual Property Rights

Monsanto is known to throw tantrums when it does not get the kind of protection it wants from governments for its intellectual property assets, threatening to leave countries if they do not provide it. This has happened in Argentina and now in India. These may look like country-specific disputes on genetically modified seed technologies, but there is much more than what meets the eye.