This article has been written by Mr. Pranay Dhakad, a 4th year student of Alliance School of Law, Alliance University, Bengaluru. Introduction Patent licensing is a crucial aspect of intellectual property (IP) commercialization, enabling patent holders to monetize their inventions and to access valuable technologies. However, negotiating patent license agreements (PLAs) can be a complex…
View detailsThe Article has been written by Ms. Debanjoli Deb Roy, a 3rd year student of University Law College, Gauhati University, Guwahati. ABSTRACT The mechanism of plant variety protection plays a key role in maintaining biological diversity and sustainability. This includes conservation and utilization of different plant species, varieties and genetic resources. Likewise, in the…
View detailsThis article has been written by Mr. Sujal Paliwal, a 3rd year law student of S.S. Jain Subodh Law College, Jaipur. Abstract In the dynamic landscape of the Indian software industry, the protection of intellectual property, particularly through copyright mechanisms, plays a pivotal role in fostering innovation and sustaining the growth of startups. This abstract…
View detailsThis article has been written by Mr. Abdulla, a 4th year B.A.LL.B student of Aligarh Muslim University, Uttar Pradesh. Imagine a writer giving hundreds of his efforts to write a script for a movie and later on he finds that someone else stole his story while he was narrating it to the producers. Now just…
View detailsTHIS ARTICLE HAS BEEN WRITTEN BY MS. KEERTHI BAJJURI, A 4TH YEAR STUDENT OF RV INSTITUTE OF LEGAL STUDIES,BENGALURU. ABSTRACT The brief introduction about the patent and criteria to accurie the exclusive right of patent where patent is a tool to protect the rights of the innovators and to eliminate the unlawful infringement of…
View detailsThis article has been written by Ms.Nammrta Singh, a student of LLM (1st Semester),Chandigarh University Abstract- In the fast-paced landscape of technology startups, an Intellectual Property (IP) strategy stands as a crucial cornerstone for success and longevity. This abstract delves into the multifaceted dimensions and significance of an effective IP strategy tailored specifically for…
View detailsThis article has been written by Master Emmanuel Amarfio Mensah, a 5th year student of Galgotias University, Greater Noida-UP Abstract: Intellectual property (IP) is a critical asset for startups, as it can help attract investors and increase valuation. This article will explore the importance of IPR in fundraising, strategies for building a strong IP…
View detailsThis article is written by Ananaya Shee of 2nd year of Narsee Monjee Institute of Management Studies, Bangalore. Abstract The Doha Declaration is a significant document that emerged from the World Trade Organization’s Ministerial Conference held in Doha, Qatar, in 2001. This declaration outlines a comprehensive set of commitments and principles aimed at addressing various…
View detailsThis article has been written by Prachi Kumari, a student of Alliance School of Law Bangalore of 2 year student of BBA. LLB Abstract It is about the initiative which is the “IPR Education and Awareness Program” organized by the NGO Confederation of Indian Industry (CII). This program aims to enhance IP knowledge among entrepreneurs…
View detailsTHIS ARTICLE HAS BEEN WRITTEN BY MS. VISHAKHA BAIROLIYA, A FIRST YEAR STUDENT OF LLOYD LAW COLLEGE,GREATER NOIDA, UTTAR PRADESH Various agreements have had a major impact on India’s Intellectual Property Rights (IPR) laws. In this article, we will examine the development of India’s geographical heritage in the context of various international agreements and their consequences. This article will discuss India’s historical views on intellectual property, its attitude towards various treaties and how these treaties affect intellectual property rights. An overview of the history of intellectuals in India: The history of intellectuals in India can be traced back to ancient times with knowledge and culture preserved by many ideas. However, today’s property law in India started well during the British colonial period and its purpose was to protect the interests of the country, the colonial country and its allies. After independence in 1947, India had the opportunity to develop its own intellectual property rights. TRIPS Agreement and India: The Agreement on Trade-Related Partnerships (TRIPS), which is a part of the World Trade Organization (WTO) agreement, has played a role in India’s development. . Today’s intellectual property rights have played an important role. India, a signatory to TRIPS, needs to make major changes to its existing intellectual property laws to comply with the provisions of the agreement. Challenging issues and actions Although there is still a concerted effort to align with Indian intellectual property laws through the Agreement on Trade-Related Intellectual Property (TRIPS Agreement) negotiated by the World Trade Organization, India still faces challenges and implementation. A key concern is striking a fair balance between protecting intellectual property rights and promoting access to affordable healthcare and essential medicines. In fact, India has also been involved in patent disputes, especially in the pharmaceutical sector, where there is a problem of access to life-saving drugs at affordable prices. Impact of TRIPS on Intellectual Property Law in India: Patents: One of the most important Patents The significant impact of TRIPS on India has been affected in relation to commercial patents. Before TRIPS, India had a flexible patent system that provided limited protection to medicines and drug products. However, TRIPS requires India to grant product patents in all areas of technology, including medicine. This change had a huge impact on the Indian pharmaceutical industry. Pharmaceutical Industry: The transition to patented products raises concerns about access to affordable medicines, especially for diseases such as HIV/AIDS. The Indian pharmaceutical industry, known for producing low-cost drugs, needs to adapt to the new patent system. The Indian government has introduced measures such as compulsory licensing to balance patent protection with public health concerns Traditional Knowledge: TRIPS is also concerned with the preservation of traditional knowledge important to India. India is rich in traditional medicine such as Ayurveda and Yoga. TRIPS has supported India’s efforts to preserve and protect traditional knowledge, although the practice remains controversial. Bilateral Agreement: Beyond TRIPS, India is also involved in bilateral and regional trade agreements, further affecting intellectual property rights. For example, negotiations on the India-US Bilateral Investment Treaty and the Regional Comprehensive Economic Partnership (RCEP) have focused on the protection of intellectual property rights, which has sometimes led to changes in India’s property rights. How has TRIPS affected the Indian pharmaceutical industry? India has implemented a more flexible patent law that allows the production and sale of samples of patented medicines. Especially in countries with low medical budgets, generic drugs are low-cost versions of branded drugs, providing cheap and easy-to-use drugs Before the TRIPS Agreement, there was a system in India that allowed generic drugs. pharmaceutical companies Production and Marketing Patented drugs will be marketed by making minor adjustments in the production process. In this way, “process patents” enable India to produce cheap medicines and become the “pharmacy center of the developed world”. Following the implementation of the TRIPS Agreement, India switched to “product patenting”, which grants exclusive rights to certain drugs regardless of how they are produced. Changes in product patents have had a direct impact on product patents in India. Medicines are available and cheap in India. The introduction of strong patent protection increased the cost of patented medicines and made them less useful to the public. This situation creates problems especially in healthcare, where access to cheap medicines is important. Access to Valuable Medicines in India The TRIPS Agreement includes reforms and measures to address public health concerns. One provision is the ability of countries to issue fake licenses that allow the government to authorize third parties to produce patented drugs without the permission of the owner of the patent documents. These regulations will facilitate access to affordable medicines, especially in public health emergencies or when the majority of the population cannot afford or cannot afford the patented medicine. This was due to compulsory licensing of patented anti-cancer drugs in India in 2012; Make sure medicines are available at affordable prices. In addition, India actively supports global access to affordable medicines. He frequently participates in discussions at international conferences and advocates for policies that monitor public health and access to medicines, including projects such as TRIPS and the Doha Declaration on Public Health. Broadly speaking, the TRIPS Agreement for the Indian pharmaceutical industry can be described as a collection. While it creates competition and access to cheap drugs for generic pharmaceutical companies, it also pushes India to expand its research and development and opens the door for Indian companies to innovate and protect intellectual property rights. In addition, changes to the TRIPS Agreement offer India the opportunity to balance its goals of protecting intellectual property rights with its people’s access to essential medicines Doha Declaration and Public Health: The Doha Declaration on TRIPS Agreement and Public Health, adopted in 2001, is a revolutionary solution to the problem of access to affordable medicines in developing countries like India. It accepts changes to TRIPS that allow countries to implement public health measures without violating intellectual property rights. India is actively promoting and using these changes to produce and export generic drugs; making it the “pharmacy center of the developing world”. National Intellectual Property Law in India: In parallel with international agreements, India has also implemented various laws and national policies to strengthen intellectual property rights. Some important laws are: Patent Act 1970: This law was amended in 2005 to comply with TRIPS. The introduction of product patents will have an impact on the domestic pharmaceutical industry and strengthen research and development. 1957 Constitution: This Act has been amended several times to meet the new challenges of the digital age. Provides protection for writers, designers and artists. Trademarks Act 1999: This law regulates the registration and protection of trademarks. Follows international standards and practices. Geographical Indications (GI) Act 1999: This law provides protection for goods with historical and special characteristics. India has a rich heritage of Geographical Indication products such as Darjeeling tea and basmati rice. Contests and Debates: India’s attitude towards intellectual property rights is often the subject of debate and debate. While the country has been praised for its role in providing cheap medicines, it has also been criticized by some for its lack of strong intellectual property protection. Pharmaceutical and Pharmaceutical Industry Patents: The pharmaceutical industry in India has faced challenges in navigating the complex IPR landscape. Balancing the need for innovation and affordability is an ongoing challenge. Traditional Knowledge Protection: Protecting traditional knowledge has been another contentious issue. India has taken steps to document and protect traditional knowledge, but concerns remain about misappropriation and biopiracy. Counterfeit and Pirated Goods: India has struggled with the proliferation of counterfeit and pirated goods. Enforcement of IPR laws and addressing the issue of intellectual property infringement remains a challenge. Bilateral and Regional Agreements: Bilateral and regional agreements, such as the proposed…
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