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

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COVID-19 Vaccines

The Epidemic Diseases Act, 1897 and National Disaster Management Act, 2005 grant the Government of India a great deal of autonomy and control in declaring an infectious disease as a pandemic and in suspending citizen’s rights. Three distinct but related legal issues regarding the government’s handling of intellectual property rights under the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization, consumer rights, and product liability for the COVID-19 vaccines are discussed, as the raging pandemic has created uncertainties in the implementation of these laws.

 

Dadaji Khobragade

In a life that epitomised the struggles of the small Indian farmer, Dadaji Khobragade, the prolific rice breeder and farmer, strove against all odds to practise and uphold the core of traditional farming.

Policy Implications of India's Patent Reforms

Recent changes in India's patent policy indicate a paradigm shift in seeking greater protection of intellectual property rights. On one hand, this has given rise to fears being expressed over the impending collapse of local firms; on the other, there is optimism amidst expectation of a large increase in patent activity of domestic actors. This paper analyses the impact of the policy shift, examines the ability of domestic players to adjust to a new patent regime and suggests guidelines to ensure the policy's accessibility to a majority of players.

TRIPS and India's Pharmaceuticals Industry

Major changes can be expected in the Indian pharmaceuticals industry from 2005 due to the agreement on TRIPS, under which India will be required to introduce product patents for pharmaceutical products. This will likely lead to sharp increases in the prices of newly patented drugs. Although the TRIPS agreement may also lead to increased research on diseases common in developing countries, these benefits can be obtained in alternative ways, and without high costs. Thus, the TRIPS agreement is not in the national interest and should be renegotiated.

Temporary Reprieve

The US Patent and Trademark Office (USPTO’s) decision on its re-examination of RiceTec’s patents on Basmati rice has once again stirred up parliament – the Lok Sabha had to be adjourned twice – and the media. And, typically, the reactions have run the complete range of emotions and opinions. According to the commerce ministry the commercial interests of Indian exporters of Basmati rice have been fully protected. That, clearly, is not the whole story.

TRIPS Review: Basic Rights Must Be Restored

There is broad consensus that TRIPS in its present form is unacceptable because it violates the fundamental rights of people. Civil society organisations across the world are mobilising opinion to intervene in the TRIPS review process. What are the changes must be negotiated during the current review of TRIPS?

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