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

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Pandemic and the Patent System

This article discusses the patent system in the context of the current pandemic. It suggests that the Trade-Related Aspects of Intellectual Property Rights Agreement and the TRIPS-compliant Indian Patent Law could be used to either grant compulsory licences or they could go by the provision that allows the government to use the patent. The road block seems to be the technological capabilities than the patent system itself.

Natco-Bayer Verdict

Bayer has lost its case challenging the grant of India's first-ever compulsory licence to Natco Pharma to manufacture an affordable generic version of an anti-cancer drug, but the celebratory air has to be tempered. The issue of what constitutes "local working" of a patent in India remains, in general, unsettled. This article looks at the legality of local working requirements under the Agreement on Trade-related Aspects of Intellectual Property Rights. It also analyses the interpretations of "working" by the Controller General of Patents, Designs and Trademarks, the Intellectual Property Appellate Board, and the Bombay High Court, and considers their broader implications.

Patents for Biotechnology Inventions in TRIPs

While the Trade-Related Aspects of Intellectual Property Rights Agreement of the Uruguay Round has been controversial, Article 27 (3) (b) of this agreement is more so. It pertains to patenting of biotechnology inventions. The origin of this article may be traced to conventions in European countries, and also discuss the biotechnology patenting question under the 1970 Patent Act in India.

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.

Dwindling International Support for IPRs

Public indignation and dwindling international support for intellectual property rights appear to be forcing powerful MNCs to review their pricing strategy and business models.
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