Pharmaceutical Patenting In India: Issues And Concerns

Drug patenting or pharmaceutical patenting simply means patenting the pharmaceutical drugs or the process of making them or both. This right allows the inventors to monopolize the drugs they manufacture which could mean some harm to the ones who cannot afford these drugs for the amount that is quoted....
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Balancing Patent Rights and Need for Introduction of The Concept of Fair Use in Patent Law

The enforcement of the IP Rights must be in conducive to a balance of rights and obligations. The law seeks for a balance between rights of the inventor of a patent and his obligations towards the country or humanity in general. In other words, it can be stated that there is a need to strike balance between the right holders and the larger public interest....
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The Concept of Traditional knowledge and patent issues

The traditional knowledge is to be safeguarded, because the knowledge of practice and also the skills which are developed or sustained are passed from generation to generation within a community which often forms an element of its cultural or spiritual identity....
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Conceptual Issues Of Patenting Of Life Forms

The concept of patentability of life forms and the associated issues took root in the late 1900s wherein there was a sudden rise in research surrounding gene technology or biotechnology. As the field of biotechnology grew rapidly, those involved in related studies were able to utilise findings of their research to manipulate the naturally existing life forms to benefit the society on a large scale...
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Exhaustion Of Rights And Parallel Import

Parallel import does not mean misrepresentation of products rather in the concept of parallel import the goods are very much genuine branded products which are originating in one country and then subsequently sold in another country without approval of registered proprietor of the intellectual property....
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Critical Analysis Of Novartis Case In IPR Regime

The judgement in the case of Novartis AG v. Union of India, pronounced by the Hon’ble Supreme Court has become one of the landmark judgements in the history of India. The judgement came as a relief to many people to have easy access to medicine at a minimum cost, and the availability of life-saving medicines at an affordable rate thus expanding the scope of Section 3(d) of the Indian Patent Act,...
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Role of IPR In Bio-diversity

IPR (Intellectual Property Rights) laws encourage the commercialization of seed development, monoculture, protect the modified microorganisms and new plant varieties. To achieve this objective the Biological Diversity Act 2002 and the Indian Patent Act,2002 was brought to the light in response to compliance with the Convention on Biological Diversity and TRIPS (Trade-Related Intellectual Property ...
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Compulsory Licensing in Patent Law

Patenting of innovation gives the patentee exclusive rights to make, use and sell the patent. This right excludes others from having any ownership over the patent and makes it possible for the patentee to monetize the patent at an affordable price, he thinks fit. However, this right could be misused by the patent holders, making […]...
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