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

Articles By Patents

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.