The implementation of Patents Act, as last amended in 2005, raises significant issues of immediate concern to patients across the world. INDIA'S Patents Act has an interesting history. Enacted first in 1911 as the Indian Patents and Designs Act in the colonial era, it primarily addressed the interests of inventors, who did not want their inventions infringed upon by anyone who copied them or adopted the methods used to make them....
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Question of efficacy -Leena Menghaney
The country is clearly shaping its legislation to promote access to medicines by fostering generic production. INDIA'S approach to the revision of its Patents Act in 2005 is a clear example of a country shaping its legislation to promote access to medicines by fostering generic production. Although World Trade Organisation (WTO) rules made it mandatory for India to put in place a patent regime for medicines by 2005, nothing obliges...
More »Shamnad Basheer, Intellectual Property Law Professor at NUJS interviewed by V Venkatesan
PROFESSOR Shamnad Basheer joined the National University of Juridical Sciences (NUJS), Kolkata, in November 2008 as the first Ministry of Human Resource Development Chaired Professor in Intellectual Property Law. Before this, he was Frank H. Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University law school and a research associate at the Oxford Intellectual Property Research Centre (OIPRC). He is the founder of several initiatives, including...
More »Drug and duplicity-Brook K Baker
NOVARTIS has long been suing the Government of India to eliminate or weaken Section 3(d) of the Patents (Amendment) Act, 2005, which established strict standards of patentability in order to prevent the ever-greening of patent monopolies on medicines. Although Novartis lost in 2007 its initial efforts to have Section 3(d) declared unconstitutional and violative of international norms for national patent regimes, it has persisted in appealing and re-appealing the denial...
More »Kudankulam row: Government has problems with foreign-funded NGOs, but is comfortable with corporate lobbying-Kiran Karnik
Do dollars dictate dissent? Are agendas altered as advised? Government statements related to these questions - specifically, the foreign funding of non-government organisations (NGOs) involved in the protests against nuclear power at Kudankulam - generated much discussion. The uproar is over, and Kudankulam will soon be operational. However, many wider issues remain, and these merit consideration. Among these, two significant ones are the role of NGOs - or, more specifically, civil...
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