Interrelation between TRIPS Agreement and Compulsory Licensing
THE TRIPS AGREEMENT & COMPULSORY LICENSING The TRIPS Agreement, signed parallel to the establishment of the World Trade Organization (WTO) in 1994, tried to create an international intellectual property rights regime that would harmonize legislative standards among WTO member countries. Before the TRIPS Agreement, many countries did not allow pharmaceutical products to be patented to … Continue reading Interrelation between TRIPS Agreement and Compulsory Licensing
Read more »Registration Process for Copyright in India
INTRODUCTION In India, the pathway to register a copyright is simply laid out, but it contains a number of steps to follow. The fact that copyright protection is automatically granted upon the creation of a piece of work does not mean that formal registration isn’t important; it maintains a legal record of ownership and may … Continue reading Registration Process for Copyright in India
Read more »Navigating Patentability: Metaverse Inventions Under the Indian Patent Act
Industrial Relevance As defined under Section 2(1)(ac), Indian Patents Act, industrial application means any invention or discovery which may be used or adapted for manufacture in any industry including agriculture. Patent applications related to the Metaverse should explain how the invention works in practice, demonstrating a practical application beyond just theoretical principles of industry in … Continue reading Navigating Patentability: Metaverse Inventions Under the Indian Patent Act
Read more »Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Introduction The “Inevitable Disclosure Doctrine” often stands at the crossroads between corporate protectionism and individual rights in employment law. At least on the outset, the doctrine appears to be necessary to protect proprietary information from abuse through the movability of employees into competing companies. However, on closer inspection, it reflects an undesirable picture: the doctrine … Continue reading Inevitable Negative Consequence of the Inevitable Disclosure Doctrine
Read more »Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
Read more »The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
Introduction India’s Intellectual Property (IP) ecosystem faced many challenges in recent times because of technological advancements, new forms of inventions etc., one of the major challenges is the appointment of the employees in the Patent and Trademark Offices. These appointments are critical, as they affect the final grant of the intellectual property rights. The Indian … Continue reading The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
Read more »Serendipitous Inventions
Introduction Some of the most significant inventions in human history weren’t meticulously planned or the product of years of research. Instead, they happened by chance—serendipitous moments when inventors stumbled upon discoveries that would ultimately transform industries, everyday life, and human behaviour. From sticky notes to sugar substitutes, these serendipitous inventions remind us that while innovation … Continue reading Serendipitous Inventions
Read more »Standard Essential Patents (SEPs) and FRAND: A Delicate Balance in Innovation
Introduction Technologies like 5G, Wi-Fi and Bluetooth have become integral to daily life in today’s connected world and the standards that enable these technologies are vital. These standards ensure that devices and systems can communicate and work together seamlessly, regardless of the creator. However, the creation and implementation of these standards involve a complex interplay … Continue reading Standard Essential Patents (SEPs) and FRAND: A Delicate Balance in Innovation
Read more »Another Win for Novartis
Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis
Read more »Allergan Inc vs The Controller of Patents
Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents
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