Is Patent Linkage a Necessity or a Potential Disaster for Pharma Industry?
Patent linkage is a vital mechanism designed to protect the rights of patent holders in the pharmaceutical industry. This article aims to shed light on the concept of patent linkage and its impact on the pharmaceutical landscape.…
Can Patent Laws Preserve Centuries of Indian Wisdom and Rich Traditional Knowledge?
Traditional knowledge is the term used to describe the wisdom, techniques, and norms which are passed down through a culture from one generation to the next. It includes a wide range of disciplines, such as farming, pharmacy, and…
IP Protection of Inventions in Plant BioTech – A Critical Study
The products of the mind, imaginative works, and intellects are collectively known as Intellectual Property. They are the form of ideas, that on converting to tangible forms, can be safeguarded. Inventions, Computer software, music, videotapes, and plant…
Agro-Biotechnology Patenting in India – A Catch-22 Situation
A Catch-22 situation broadly speaking, refers to a tricky situation where no one is particularly winning. It is a paradoxical situation whereby the circumstances inherent in the problem are the reason why the only solution to it…
Virus Patents in India – A Techno-Legal Analysis
The National Human Genome Research Institute elaborates on the meaning of a virus in great biological detail. It states that a virus is a small collection of genetic code, either DNA (deoxyribonucleic acid) or RNA (ribonucleic acid),…
Protecting Traditional Knowledge and the issue of Bio-Piracy under IP Law – A Distress Call
India is a land not only rich in culture and heritage but also in its natural resources and traditional knowledge in respect of lifestyle, medicine, and agriculture passed on from generations together. The indigenous or tribal communities…
Patenting Pharmaceutical Products – Putting IPR & Human Rights on a Weighing Scale
We often get intrigued by the © or ™ signs on the packets of different products we buy and wonder what it means? Well, the © here means copyright, and ™ here means the trademark and these…
The Printing Revolution – Challenges of 3D Printing on Intellectual Property
3D printing is not new to the market. But what is new to the market is the commercial viability of owning one, which makes IP infringements quite easy. What a 3D printer essentially does is convert a…
IPR Infringement in the Sphere of Cyberspace – A Menace
Intellectual Property Rights or IPR refers to the rights pertaining to the creation of the mind. It refers to the ownership of the design or thought by the one who came up with it. There are various…
Looking at Patent Law in India from the Competition Aspects – Scope and Challenges
The essence of “invention” and its importance for human civilization has been summarized by William James in the following words – Invention, using the term most broadly, and imitation, are the two legs, so to call them,…
Protecting Darjeeling Tea under IP Laws – A Critical Analysis
All over the world, there are various kinds of goods or products that are preferred by the consumers over other products for only one reason. That is the high quality of certain goods that are derived from…
Patenting Life Forms and GMO – Scope and Challenges for Patent and other Intellectual Properties
Bollworm caterpillars are the worst enemies of cotton crops. Their infestations at the ball or the fruition stage can pave the way for complete economic devastation for the farmer. Over the years, bollworms have been destroying cotton…
Stitch in Time – Intellectual Property Protection in the Fashion Industry
The fashion industry has seen tremendous growth in India. This type of work includes hard work and creativeness in designing clothes and luxury goods. At the same time, it should protect the industries from promoting fashion across…
The Law of Bolar Exemption in India
Whenever a person creates a new thing that is not in existence in the society earlier such as any literary work, machines, a new type of medicine or technology, etc, then it can be called an invention…
Patenting Lifeforms – Should a novel creation be made patentable?
Relevant distinction is not between animate and inanimate things but whether living products could be seen as human-made inventions. Chief Justice Warren Burger in the case of Diamond v. Chakrabarty (1980) wherein the US Supreme Court declared…
