Disproving initial fears about TRIPS agreement implementation, the Indian pharmaceutical industry has vibrantly faced up to the changed scenario. Large visionary corporates like Dr. Reddy’s took to drug discovery programs and others began investing in setting up of research facilities and innovative research programs to face the challenges of the product patent regime in the…
Once India became a member country of WTO in 1994, it was compelled to honor TRIPS agreement. Being a developing country, a grace period of 10 years from 1995 to 2004 was given to enable transition for complying with TRIPS requirements. Despite initial apprehensions, India began equipping itself as a TRIPS-compliant nation by several national…
In the scenario of relative inaccessibility, unaffordability or non-availability of essential life-saving medicines, most of which had to be imported, the committee recommended the provision of process patenting system of drugs. Thus, the Patents Act, 1970 abolished product patents for food and pharmaceuticals and restricted grant of patents in these fields only to process patents.…
Our patent law was no exception and was modeled on the same lines as those enforced in our country by the British to further its trade objectives and use the Indian market. Pre-independence, our patent paws were modeled on the lines of the British Patent Act of 1852 without proper policy-based objective of the IP…
Ancient Indian Innovations Happened Without the Need for Patents The wealth of scientific heritage of ancient India – considered as the cradle of world civilization – encompasses innovations in diverse fields of human knowledge and creativity, such as astronomy, mathematics, medicine, surgery, architecture, alchemy, metallurgy, etc. This is apart from substantial literary and other works…
It is a fact that TRIPS agreement was the result of relentless efforts made by the developed countries. Despite the well-designed TRIPS objectives aimed at protecting and rewarding creativity and inventiveness, recently its enforcement the world over has precipitated some emerging issues that are both controversial and biased, favoring possibly only the powerful players in…
Protection of plant varieties is the most recent inclusion in TRIPS. Research and development in agriculture led to the creation of new plant varieties which were covered by rights commonly referred to as breeder rights. Though Article 27.3(b) of TRIPS agreement excludes plants from patentability, it provides protection of plant varieties either by patents or…
These include semi-conductor chips fabricated of transistors, resistors, capacitors and their interconnections. These tiny, single-piece layout designs of ICs are creations of the human mind, products resulting out of an enormous amount of time and money. There is a continuing need for the creation of new layout designs that reduce the dimensions of the existing…
Design, in the view of patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, etc., casts an impression of uniqueness and character in the mind of the observer. Design is thus a conception, suggestion or idea of a shape and not an article. Under TRIPS, the original designs…
These identify goods as originating in the territory or a region or a locality in that territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to that particular geographic location. Kanjeevaram silk sarees, Basmati rice, Darjeeling tea, Kashmir carpets, Sivakasi crackers, Scotch whisky, etc., are some examples. Law relating…