Category Archives: Sec 3 (d)

Five years after the Indian Supreme Court’s novartis verdict

Source: Intellectual Property Watch | May 21, 2018 On 1 April 2013, in a packed room inside India’s Supreme Court, a magnificent building in Indo-British architectural style, two judges delivered a verdict that impacted the national and global conversation about … Continue reading

Posted in Novartis Case, Sec 3 (d) | Leave a comment

Weed out evergreen patents

Source: Live Law | May 27, 2018 A recently published report “Pharmaceutical Patent Grants in India: How our safeguards against evergreening have failed and why the system must be reformed“, by Dr. Feroz Ali, Dr. Sudarsan Rajagopal, Dr. Venkata S. … Continue reading

Posted in Evergreening, Patents, Sec 3 (d) | Leave a comment

Rampant evergreening in Indian pharma industry

Source: live mint | April 27, 2018 Pharmaceutical companies commonly used legal argument, as opposed to demonstrating proof of therapeutic efficacy, to overcome anti-evergreening objections India has been at the forefront of developing an alternative model of patent law which … Continue reading

Posted in Indian Patent Law, Indian Patent Office, Sec 3 (d), Uncategorized | Leave a comment

72% of drug patent grants in India for marginal improvements, says study

Source: Business Today | April 25, 2018 Majority of pharmaceutical drug patents granted by India might have skipped elaborate scrutiny, an analysis of patent grants by a team of researchers and patent lawyers reveals.   The report which studied the prosecution … Continue reading

Posted in Indian Patent Office, Patent, Patent Enforcement, Patents, Sec 3 (d) | Leave a comment

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

Source: 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