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Intellectual Property Rights
Novartis And Mashelkar: Tripping Up On Patents

Prabir Purkayastha

THE last few weeks has seen some major developments on the Indian Patents Act, as amended in 2005. One is the challenge by Novartis of Section 3(d) of the Act, which addresses what is not patentable on the grounds initially of not being TRIPS compatible, and now on the grounds of “discrimination”. The second is the Report of the Mashelkar Committee on two issues: (i) whether it is TRIPS compliant that only New Chemical Entities (NCEs) should be patentable and (ii) whether India is required under TRIPS to allow patenting of micro-organisms. The surprise is not that Mashelkar Committee has gone with an expanded unders ...

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Last Updated on Wednesday, 14 January 2009 09:10
 
Intellectual Property Rights: Who Benefits? By Amit Sen Gupta

THE debate on amendment of India’s Patent Law last year centred around the need to align our domestic laws in accordance with the TRIPS agreement in the WTO – i.e. the agreement on “Trade Realted Intellectual Property Rights”. Today there is an assumption that Intellectual Property Rights are necessary and need to be protected. However, there is sufficient evidence today to question this premise. Intellectual property is an explicitly modern notion. Less than 500 years back, the notion of property rights related to physical entities. The idea behind Intellectual Property Rights is that the fundamentals of an invention are made public while the inventor for a limited time h ...

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Intellectual Property Rights Or Monopoly Super Profits By Prabir Purkayastha

The current controversy on the changes to India’s Patent laws, the resistance to Monsanto’s seed trials and Microsoft’s troubles with the antimonopoly authorities are all aspects of the drive of global MNCs to derive monopoly super profits. The basis of such monopoly profits is the Intellectual Property Rights (IPR) regime ushered in under WTO. The huge monopoly profits of companies such as Microsoft, pharmaceutical MNCs and agri-business companies is bringing home the dangers of such an IPR regime. To this, has been coupled the danger of applying genetically engineered products without appropriate safeguards. Increasingly, it is becoming clear that the issue is not one of ...

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Patents Amendments & The International NGOs By Prabir Purkayastha

THE criticism emanating from the global activists and international NGOs regarding the Indian Patents Amendments Act seems to lack certain clarity. Are they arguing that India should have rejected unilaterally the flawed Trade Related Intellectual Property Rights (TRIPS) framework that mandates product patents and continued with its process patent regime? Or are they arguing that India has put in a particularly bad Patents Act within the TRIPS framework?

From Medicines Sans Frontiers (MSF) and Oxfam’s talk of India’s betrayal of the global poor, the uninitiated might conclude that the recently amended Indian Patents Act is the culprit, while what perhaps they r ...

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Final Amendment To India's Patent Act By Amit Sen Gupta

AMONG all the provisions of the WTO agreement, the one relating to Trade Related Intellectual Property Rights (TRIPS) has possibly been the most widely debated in the country. There are very good reasons why this has been so. First, because provisions in TRIPS relate to the country’s Patent Laws and have a very serious bearing on major areas of the country’s well being – health, agriculture, research, etc. Second, because India has been particularly fortunate among all developing countries in having had a very liberal Patents regime since 1970 that promoted the country’s interests. Third, because in the initial stages of the “Uruguay Round” of negotiations under the aegis ...

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