Original news and analysis on international IP policy
The third amendment of Patents Act 1970, in 2005, was a major breakthrough for Indian IP practice in patents. The current crop of judicial decisions, discussed in this note, has initiated the need to have a critical mass of judicial precedents streamlining law and rules governing patent practice in India, writes Kamakhya Srivastava.
India has at least seven diverse intellectual property (IP) legislations related to protection already in place. Its focus should therefore arguably be directed - along the lines of many other IP jurisdictions - on more stringent enforcement modus operandi of the IP rights. Is there scope for introducing yet another IP legislation – the utility model protection law - in the Indian IP landscape and if so, what should be its scope and implication, asks Swarup Kumar.
Improving access to medicines in developing countries through local pharmaceutical production is at the centre of a project involving several institutional actors working on health and trade. Technology transfer is key to local production, but some prerequisites like a favourable policy environment and the ability of developing countries to use technology transfer are essential to encourage local production, according to panellists at a recent event.
According to European Trade Commissioner Karel de Gucht, there are still thorny issues on the table in the ongoing EU-India free trade agreement talks, including intellectual property issues.
The World Intellectual Property Organization went to India last week to highlight the country’s success in creating a digital library of Indian traditional knowledge, which it uses to prevent illegitimate patenting of its resources. But whether WIPO found a way to fit the Indian project into the UN agency’s mission to protect and promote intellectual property rights was unclear.
A decision by the Indian Patent Office to reject a patent on an AIDS drug last week has drawn acclaim from civil society and Indian generic pharmaceutical industries. The decision was not based on a controversial article of Indian law aimed at preventing patent extensions but rather on the grounds of non-inventiveness. Abbott Laboratories, meanwhile, presented Intellectual Property Watch with justification for its Indian patent request.
Strategies may be failing to ensure developing countries’ implementation of global trade rules for intellectual property protection does not squelch access to affordable medicines worldwide, according to a study presented this week.
The proposed European Union-India free trade agreement was one of the top issues at the 11th EU-India Summit held in Brussels today. But two sides of the story are being told about who will benefit or lose.
Innovation or “jugaad” has always driven the Indian economy. However, the last decade has been witness to an emerging paradigm shift to high-quality value-added innovation, writes industry lawyer Sunita K. Sreedharan.
Daniele Dionisio writes: The current break-through of multinational drug corporations in India couples with the protectionist policies pursued by the US and EU and with India’s obligations as a WTO member. Taken together, these realities mean a heavy threat to India’s freedom as independent provider of lifesaving, affordable and state-of-the-art antiretroviral medicines to the resource-limited countries.