Category Archives: Indian Patent Law

An Access Regime based on Indian Patents Act -Review Of “The Access Regime” by Feroz Ali

Source: LiveLaw.in Even though the Agreement on the trade-related aspects of intellectual property rights (TRIPS) set the minimum standards of protection and enforcement of intellectual property (IP) rights, it could not harmonise the various national patent laws. Irrespective of the … Continue reading

Posted in Compulsory Licensing, FTA, Patent Opposition, Sec 3 (d), TRIPS, TRIPS flexibilities, TRIPS plus, Uncategorized | Leave a comment

A trade pact that could hit India hard

By Ranja Sengupta, The Hindu BusinessLine There’s a rush to finalise RCEP this year. India is being pushed into covering most tariff lines, which will destroy its economy There was clearly huge pressure on India to conclude negotiations this year … Continue reading

Posted in IP Rights, IPR Enforcement, Regional Comprehensive Economic Partnership, Sec 3 (d), Uncategorized | Leave a comment

US continue to bully India – Place India again in Special 301 Priority Watch List 2017

Yet again, USTR places India on its Priority Watch List in Special report 301 stating the lack of sufficient measurable improvements to its IP framework that negatively affects U.S. right holders across the world.  It points out that India support … Continue reading

Posted in Sec 3 (d), Special 301 report, TRIPS, TRIPS flexibilities, TRIPS plus, Uncategorized, USTR, USTR 301 report | Leave a comment

India–EFTA trade talks may make medicines more expensive

MSF and civil society urge Swiss negotiators not to undermine the ‘pharmacy of the developing world’   Geneva/New Delhi, 22March 2017 – Asintellectual property (IP) negotiators from India andthe four countries from EFTA (European Free Trade Association) meeting New Delhi … Continue reading

Posted in Data Exclusivity, EFTA-India FTA, Evergreening, Patent, Sec 3 (d), Uncategorized | Leave a comment

Patent denied, price of prostate cancer drug may go down

The Indian Patent Office recently denied a patent for the drug Xtandi (Enzalutamide) by Japanese firm Astellas Pharma used in  treatment of prostate cancer. This decision comes in the light of the pre-grant opposition filed by pharma companies BDR Pharma, drug … Continue reading

Posted in Bayh Dole Act, March in rights, Patent, Patent Opposition, Sec 3 (d), Uncategorized | Tagged | Leave a comment

India to US: Will not tighten IPR rules beyond TRIPS mandate

Commerce Minister Nirmala Sitharaman demands food safety clearance mechanism during talks with US Trade Representative Source: The Hindu BusinessLine | October 20, 2016 India and the US continued to differ on the issue of intellectual property rights (IPR) norms at … Continue reading

Posted in Compulsory Licensing, Data Exclusivity, Evergreening, IPR, Patent linkage, Sec 3 (d), TRIPS, TRIPS plus, Uncategorized, UNHLP report, USTR 301 report | Leave a comment

Swamy & Subramanian: Comment and context

In a series of tweets, Swamy alleged that “Arvind Subramanian of Washington DC” had urged the US to act against India’s national interests, and called for him to be sacked. Source: The Indian Express | June 23, 2016 After having … Continue reading

Posted in Sec 3 (d), Uncategorized, USTR 301 report | Leave a comment