India's decision this month to produce Germany-based multinational Bayer's anti-cancer drug Nexavar, in the first use of "compulsory licensing" in South Asia, will save lives but also raises intricate questions. Under the compulsory licensing process, a government can under World Trade Organization (WTO) rules bypass a patent owner's rights after three years and order the manufacture and sale of life-saving medicines at much cheaper cost than by obtaining the medicine from...
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Chhattisgarh Vs Jayaswal throws light on murky mine sector-Ruchira Singh
The Chhattisgarh government has filed a writ petition in the Delhi high court against the Central government over Jayaswal Neco Ltd’s applications for mining leases in a case that throws light on the murky world of mining in India. The state alleges that the mid-sized steel-maker forged documents in its application to get iron ore mining leases in Rowghat in Bastar district and that the Union government directed it to consider...
More »Retrospective amendment of I-T Act not specific to Vodafone case: Pranab by Ashok Dasgupta
Finance Minister Pranab Mukherjee maintained on Sunday that the budgetary proposal to amend the Income Tax Act with retrospective effect from 1962 to assert the government's right to levy tax on merger and acquisition (M&A) deals involving overseas companies with business assets in India is not Vodafone “case specific,” but an enabling provision to protect the fiscal interests of the country and avert the chances of a crisis. Faced with all-round...
More »Supreme Court to examine constitutional validity of nuclear civil liability law by J Venkatesan
The Supreme Court will examine the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010, which limits the liability of an operator in the event of a nuclear disaster to Rs. 1,500 crore. A Bench of Chief Justice S.H. Kapadia and Justices A.K. Patnaik and Swatanter Kumar on Friday issued notice to the Centre on a writ petition filed jointly by Common Cause; the Centre for Public Interest Litigation;...
More »Downward slide in the summer of our discontent-Sitaram Yechury
An opportunity has been forsaken to strengthen our economic fundamentals while improving the lives of the people, increasing the divide between India Shining and India Suffering. While the people were hoping for relief in the current budget, the Finance Minister was faced with the task of reversing the slowing growth rate and raging inflation. He had a choice in this budget. He, however, chose a path that is going to worsen...
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