Compulsory Licensing | Intellepedia

Chapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?

The 2014 Special 301 Report reviews India’s patent system, focusing on Section 3d, compulsory licensing, and enforcement issues. This analysis sets the groundwork for deeper exploration of key pharmaceutical patent law topics in future posts.

Intellectual Property Protection for Computer Programs – Part IV

This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits, and limitations of patent law in safeguarding computer programs.

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

Patent War: Is the US Arm-twisting India?

This post examines the ongoing India US patent dispute, focusing on TRIPS compliance and contentious issues in pharmaceutical and software patents. It analyses whether US pressure may result in sanctions or further negotiations under international norms.

Statement of Working to Compulsory Licensing – Are We Missing Something?

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and are designed to address the complexities unique to the pharmaceutical sector.

Should Medical Methods Be Patented?

This post examines whether medical methods should be patentable, focusing on global legal frameworks, ethical debates, and policy implications. It analyses both the concerns and benefits of extending patent protection to medical methods, particularly in India, and suggests balanced policy solutions.

VOLUNTARY CENSORSHIP BY NETFLIX, PETITION AGAINST NON-VOLUNTARY LICENSES PROVISIONS OF COPYRIGHT LAW, IP ADDRESS INSUFFICIENT FOR COPYRIGHT INFRINGEMENT, HARRY POTTER HOME FURNISHING AND MORE

This post covers recent developments in copyright law, focusing on voluntary censorship by streaming platforms, legal challenges to compulsory licenses, and court rulings on infringement. It also examines merchandising trends and industry collaborations, providing a comprehensive legal overview.

Landmark cases, Amazon’s interesting patent, Apple and Qualcomm dispute.

This update reviews key patent law developments in India and globally, including Amazon’s new drone patent and the Apple-Qualcomm dispute. Landmark cases and industry news are analysed for clarity and factual accuracy.

First Amendment to WTO comes into force

The first amendment to the WTO TRIPS Agreement permits compulsory licensing for pharmaceutical exports to countries lacking manufacturing capacity. India implemented this provision through Section 92A of its Patents Act, reinforcing its commitment to global public health.