An Affordable Vaccine Model

TV Padma of SciDev has a wonderful write up on an interesting experiment involving the Serum Institute of India and the NIH in relation to the production of an affordable meningitis vaccine. As many of you may know, SII is one of the most innovative companies in India. I reproduce some excerpts below: “An unusual vaccine development collaboration, which should lead to the launch of a cheap meningitis vaccine for Sub-Saharan Africa later this year, is emerging as a feasible […]

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Patent Pools as Innovation Policy

A few days ago marked the final step in the establishment of UNITAID initiated patent pool, with negotiations with drug companies expected to start soon. This got me thinking about the viability of patent pools as a concept, in the endeavour to create better, cheaper (or in some cases, just create) drugs for developing country diseases. As a clarification, I do not know exactly what kind of model UNITAID’s patent pool is using. I am simply raising some general questions

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SpicyIP Tidbit: US NGOs go after GWU IP summit too

Recently we had posted on the controversies surrounding the GWU-CII summit, primarily alleging that GWU had allowed the summit to be used for propaganda by Big Pharma. While Indian civil organisations had written letters to the Minister of Commerce earlier, 9 US NGOs have now also written to GWU calling for a stop to the fronting of biased industry-sponsored training in India. These include NGOs such as Universities Allied for Essential Medicines, MSF, Oxfam, KEI, etc.  Notably, the letter specifically points

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India Slams ACTA at TRIPS Council: Addresses Specific Concerns

A few days ago, we reported that India and China were going to take a brazen stand at the WTO TRIPS Council meeting, confronting several issues that emerged in relation to the Anti-Counterfeiting Trade Agreement (see our earlier posts on ACTA). While misgivings about the substantive provisions have continued for a while now, the wider concerns of non-negotiating countries such as India and China revolve around the undesirable precedent of multilateral and bilateral agreements mandating ACTA-implementation and the incorporation of

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Copyright Licensing: Online Streaming of Television Shows

I’ve noticed that my television viewing hours have drastically reduced off late and this triggered off a question in my mind – Has television become obsolete or has its content merely shifted to a new medium – the Internet? My friends abroad, stream episode after episode of their favourite shows online (legally), and I was curious to understand how the licensing of these shows worked, and whether India could ever benefit from this potentially inexpensive and easier to use distribution

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Eroding IP Exhaustion Through Conditional Sales?

Prashant’s persuasive critique of a recent Delhi High Court judgment dealing with principles of exhaustion was a delight to read. I want to focus on one issue that this case throws up: Can an IP owner whittle away the normal principle of exhaustion through notices and “conditional” sales i.e. imposing conditions to accompany the sale of a product embodying that IP? In the case at hand, could one argue that the sale was “conditional”, since the buyer of the book

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Breaking News: Madras HC dismisses Tirupati laddu PIL

SpicyIP has breaking news that the Madras High Court today dismissed a Public Interest Litigation challenging the registration of Tirupati Laddu as a geographical indication. The Court dismissed the petition observing that alternate remedy of rectification had not been exhausted, that being the most appropriate route in this case. (Image of boondi laddu from here) The Tirumala Tirupati Devasthanam (TTD), represented by Anand and Anand, and the GI Registry had argued that the petition could not be maintained since the

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R.I.P. the Doctrine of First Sale & Privity in Contract – The Tale of the Publishing Industry & the Delhi High Court

 In 2 peculiar judgments, in the cases of John Wiley & Sons & Ors. v. Prabhat Chander Kumar Jain & Ors. CS (OS) No.1960/2008 and John Wiley & Sons v. International Book Stores & Ors. CS(OS) No. 2488/2008, the Delhi High Court has restrained the Defendants, from exporting low-priced Indian editions, which were bought from the Plaintiffs, to foreign markets such as the U.S.A. While the first case was contested and decided by Justice Manmohan Singh, the second case proceeded

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SpicyIP Tidbits: ACTA Mistrust Intensifies – India and China Come Together

When it comes to a discussion on the ACTA, the variables remain the same, and not much seems to have changed. The negotiations run their own course, in intermittent phases of secrecy and sudden displays of transparency, while civil society groups and other bodies continue their opposition, unabated. But more recently, we have seen the coming together of those countries that have been excluded from the entire process, making concerted efforts towards voicing their concerns at international fora. Recently, we

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SpicyIP Tidbit: Yoga Asanas soon to be protected by the TKDL

Our regular readers (from back in the day!) will remember Shamnad and Shwetasree blogging a series of posts on the “patenting” of Yoga asanas controversy. While this report from HT suggested that the Government may be stirring up the hornet’s nest once again- we can breathe a sigh of relief– it’s all just a case of “do not judge a new article by the title”. The article seems to suggest that over 900 Yoga Asanas will be included in the

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