At The Indian IPR Front: ‘Ground Control, There’s No Major Storm’

The incessant pressure of the developing countries on India, from 2005 to date, to include various restrictive conditions in the Indian Patents Act 2005, still continue. This demand spans across the inclusion of even those provisions, which many experts term … Continue reading

Is The Indian Patent Regime Weak?

“India misuses its own IP system to boost its domestic industries,” US Senator Orrin Hatch commented while introducing the 2014 report of the Global Intellectual Property Centre (GIPC) on ‘International Intellectual Property (IP) Index’. In this report, India featured at the … Continue reading

“India is The Biggest Battlefield for Intellectual Property Rights”

The US Senator Orrin Hatch reportedly made the above comment while introducing the 2014 report on ‘International Intellectual Property (IP) Index’, prepared by an Israel based consultancy firm – Pugatch Consilium for the Global Intellectual Property Centre (GIPC) of the … Continue reading

India, China Revoke Four Pharma Patents in A Fortnight: A Double Whammy for MNCs?

Revocation of four pharma patents by India and China within a fortnight has raised many eyebrows, yet again, across the globe. In this short period, India has revoked three patents and China one. While this quick development is probably a … Continue reading

Balancing IPR with Public Health Interest: Brickbats, Power Play and Bouquets

It is now a widely accepted dictum that Intellectual Property Rights (IPR), especially pharma patents, help fostering innovation and is critical in meeting unmet needs of the patients. However, the moot question still remains, what type pharmaceutical invention, should deserve … Continue reading

Does the Landmark Glivec Judgment Discourage Innovation in India?

No, I do not think so. The 112 pages well articulated judgment of the Supreme Court of India delivered on April 1, 2013, does not even remotely discourage innovation in India, including much talked about ‘incremental innovation’. This landmark judgment … Continue reading

Revocation and Denial of Patents on Patentability Ground in India: The Fallout and the Road Ahead

On November 26, 2012, the Intellectual Property Appellate Board (IPAB) reportedly denied patent protection for AstraZeneca’s anti-cancer drug Gefitinib on the ground that the molecule lacked invention. The report also states that AstraZeneca suffered its first setback on Gefitinib in June 2006, … Continue reading

Revised Mashelkar Committee Report recommends inclusion of ‘incremental innovation’ under patentability criteria.

In 2006, the Government of India appointed a Technical Expert Group (TEG) chaired by the eminent scientist and the then Director General of the Council of Scientific and Industrial Research (CSIR) Dr. R.A. Mashelkar, with the following terms of reference:1. … Continue reading