The discussion paper on compulsory licensing of Patents will have achieved its purpose if it can lead to a proactive policy in the area of drugs and health. IN a proactive move to ensure a fair balance between protection of intellectual property rights and protection of the public interest, the Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry has chosen to put out a discussion...
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Open Sesame
What happens in open standards? All technology/software used for e-governance becomes inter-operable. In other words, any technology platform or software should be able to read government documents, maps, images and datasheets. Who gains? Government: Will not have to spend crores on a proprietary standard. Various offices would be able to access data without having same technology/software. Consumers: Will not have to buy proprietary software to access government documents Who loses? Big proprietary software companies and licensed...
More »What is Indian is India's
After successfully contesting a patent dispute with China earlier this year — regarding formulations based on “pudina” (mint) and “kalamegha” (Andrographis) — India last week won another legal battle in Malaysia against the use of “ponni” rice as trademark. Like basmati, ponni is also a speciality rice grown exclusively in southern states and has a niche market abroad. These and other victories concerning patenting of products like neem (Azadirachta indica)...
More »An odd royalty calculus by Latha Jishnu
For years now, at least since India passed amendments to the Patent Act to allow product Patents in 2005, Patents on drugs have coloured and overwhelmed the debate on health issues in the country. Now, the issue of Patents on seeds and agriculture inputs promises to become the hot new topic. An indication is the response to a news report “Battle royal over Bt cotton royalty” (May 28, Business Standard)...
More »Hospital turns Bhopal victims into guinea pigs by Hemender Sharma
Some Bhopal gas leak victims who survived the tragedy were used by Bhopal Memorial Hospital and Research Centre (BMHRC) for four years to carry out drug trails. The number of such people who were subjected to drug trials is 151. Ramadhar Shrivastva is one such gas victim. In 2007 when he had chest pain, he was referred to BMHRC, the multi-specialty hospital set up for gas victims from the money given...
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