Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and…
Patents are one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. Significant changes to India’s patent system occurred after India signed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995. India being a signatory of the TRIPS agreement was under a contractual obligation to amend its Patents…
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine-readable medium), dramatic, musical and artistic works,…
A sport shoe may be covered by a number of IP rights like the patents which protect the inventions used to create the shoe, the designs protect the shoe’s “look”, while the Copyright covers all artwork and audio-visual works used to publicize the shoe. In addition, Trademarks differentiate the shoe from similar items and preserve…
INTRODUCTION Intellectual property rights have advanced to the point that they now play a significant role in the growth of the global economy over the last two decades. In the 1990s, numerous countries independently strengthened their laws and regulations in this field. At the global level, IPRs have been strengthened to the point of serious…
BACKGROUND Novartis AG was the largest Swiss multinational pharmaceutical company in the world. Novartis challenged the dismissal of its patent application by the Intellectual Property Appellate Board (IPAB) which was an anti-cancer medication marketed under the names “Gleevec” or “Glivec”, developed from the “Beta Crystalline”. The company claimed that the life-saving drug would reach both developing and developed nations.…
Intellectual property is a product of human intellect and the rights granted on it allow its owner to benefit from the fruits of this intellectual endeavour by creating a monopoly over it. Such a benefit is not always a natural right but requires recognition by a statute. The burden of proof is defined in section…
We all binge watch on Netflix, Prime Video and many other apps. There are so many options, we are literally spoilt with choices. Doesn’t it become more exciting if the movie or series is adapted from your favorite book? Nowadays we come across many series and movies that are adapted from a book. The famous…
Both IPR and Competition law are interdependent and connected. The Competition Act, 2002 was enacted for the establishment of Competition Commission of India(CCI) so that it can prevent the practice of having an adverse effect on competition, to promote and sustain competition in markets and to protect the interest of consumers so as to ensure…
WhatsApp, a social media app, filed a lawsuit against the Indian Government on the grounds that the new IT rules infringed the right to privacy enshrined under Article 21A of the Constitution. WhatsApp moved the Court to these rules that require social media intermediaries to trace users’ encrypted messages in a test for right to…
