Uncategorized

IPR and Traditional Knowledge: Irreconcilable differences?


In conjunction with the post that’s just been put up relating to the XLRI and NIF MoU I wanted to add a little note on the extension of the IPR system to traditional knowledge. The advantage of extending the existing IPR system to protect traditional knowledge is that it will generate incentives amongst indigenous peoples to conserve and protect their culture and environment. This assumption is drawn from the experience of the Aboriginal and Torres Strait Islander artists in Australia…


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Uncategorized

From the medicine cabinet


The Financial Express brings us another development in the battle between big pharma companies and the generic industry. What really stood out for me was the generic industry’s indignant stand re-affirming their status as the “consumer’s best friend.” In my opinion both the generic industry as well as developing countries need to push much harder for cheaper medicines, A. 31 bis and take advantage of compulsory licensing provisions where available. I always end up looking at these situations from an…


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Uncategorized

Moves to protect traditional knowledge


In an encouraging move for innovators in the rural areas of North East India XLRI has entered into a MoU with the National Innovation Foundation (NIF) to assess innovations and nominate the same for the national innovation award and granting resources for its protection through IP. This comes on the heels of numerous efforts by Sristi to create a database of innovations on a grass-root level. The move promises to be rewarding for all stakeholders and another step by the…


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Pushing for Compulsory Licensing: Pharma Companies heading closer to Doha.


The pharmaceutical industry is off late pushing for an invocation of the Compulsory Licensing of higher end drugs in India. As is well known, under the present TRIPS regime, compulsory licences may be issued variably as per the existing patent regime in a country. It is heartening to note that pursuant to this, India under Sections 84, 89, 92 and 92-A of the Indian Patents Act has a broadly worded provision. The extreme and urgent situations under which the pharmaceutical…


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EU to Take Taiwan to WTO over Compulsory Licensing Provision


If the EU does file a complaint at the WTO against Taiwan’s CL provision, we are likely to gain more insight into the contours of the compulsory licensing provisions and the various flexibilities inherent in it. Of course, recordable storage media is very different from drugs and we’re likely to see less politicization of the dispute here. Also, EU’s main problem seems to be the alleged sales of CD’s outside Taiwan–which, if true, is clearly prohibited under WTO rules. Interestingly,…


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Patent

Doha Style Compulsory Licenses for Exports: The Politics….


Readers will recollect our earlier posts on the Doha Style compulsory licensing issue. We reported on Natco’s application to use the Doha provision (implemented into Indian law via section 92A) to export Tarceva to Nepal. The 2003 Decision implementing the Doha Declaration (which made such licenses for export to countries with no manufacturing capabilities a possibility under WTO law) was a temporary measure. Developing countries moved to make this a permanent amendment i.e. Article 31bis. However, if Article 31 bis…


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Novartis Patent Case: Supreme Court Stays Madras High Court Judgment


To recapitulate on the Novartis patent saga in the country, several leading pharmaceutical companies, including Ranbaxy, Sun Pharmaceuticals and CIPLA have consistently opposed the grant of a patent to Novartis’ blood cancer drug ‘Glivec”. The claim before the Intellectual Property Appellate Board was appealed against by Novartis with respect to the appointment of a technical member. This rejection was overturned by the Madras High Court, which held that the Chairman of the IPAB could, in fact, act as the technical…


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SpicyIP Tidbits: Of real estate, the pharma Nano, & open access


Most of the interesting stories have been blogged about already, leaving little for this edition of Tidbits! Nevertheless, we dug out a few interesting stories that caught the eye recently: 1. Punjab Univ dean proposes new model to share IP Rights here Prof Daljit Singh, Dean, Faculty of Engineering and Technology, Panjab University, has proposed a new model for IPR sharing, similar to the strategies being applied for realty development. He drew attention to the real estate development models, where,…


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Patent

Suven Life Sciences gets its 2nd U.S Patent


Hyderabad based Biopharmaceutical company Suven Life Sciences Ltd. was recently granted product patent bearing no: 7,317,035 by the United States Patent Office. The patent was for a class of a class of selective Serotonin receptor affinity compounds, used in the treatment of neuro-degenerative disorders like Alzheimer’s, Parkinson, schizophrenia and Huntington’s disease. These compounds are being developed into therapeutic agents by Suven. Suven estimates that these drugs once developed will help it tap an $18 billion market. The company has an…


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Patent

Eco Patents Commons


A higher level of environmental consciousness pervaded the talks at the recently concluded World Economic Summit at Davos. Environment related issues and green friendly initiatives occupied a key place on the agenda. In tandem, tone and tenor : Corporate Titans in a spirit of environmental camaraderie have collaborated on a novel project that allows access to eco- patents while striking a balance between the twin task of fostering innovation and promoting social development….long held as irreconcilable dichotomies. Called the Eco…


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