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Compulsory License Tag

BananaIP Counsels > Posts tagged "Compulsory License"

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

This post was first published on 8th April, 2011.   As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working of a patented invention in India through only importation would not be enough to avoid a compulsory license.  Form 27...

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Compulsory License for “Not working”

Intellectual Property

This post was first posted on 8th April, 2011.   In a recent development, non-compliance with regard to the requirement of local working of patent, required under patent law, may lead to issue of compulsory licenses to generics for seven top selling drugs. The RTI query sought by SpicyIP (Way to go Spicy IP!) seeking information regarding Form 27 filings by Innovators for the top selling drugs Tarceva (Roche and OSI Pharms), Stutent (Pfizer), Nexavar (Bayer), Sprycel; Dasatinib (BMS), Pegasys (Roche), Viraferonpeg (Schering) and Baraclude;Entecavir (BMS) revealed non-compliance by the Innovators. Ideally, patent holders are required to furnish a statement regarding the working...

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Lee and BDR decision – the End of Compulsory Licenses?!

The featured image shows the words thats all folks. this post is about the decision of two indian generic drug manufactures to drop their request for Compulsory licenses. to read more click here.

Earlier this week, the words, “Compulsory License”, “Section 84” and “Indian pharma” once again made the headlines. This time however, it wasn’t a new case being brought forth; instead it was the decision to bury two old ones. The news reports suggested that two Indian drugmakers had given up a battle to copy drugs developed by Bristol Myers Squibb and AstraZeneca, blaming a lack of government support for cheap generics and pressure from Big Pharma. The two Indian drug makers being mentioned here include, BDR Pharma and Lee Pharma. We at Sinapse have carried several posts on the issues of compulsory...

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Patent trolls – Lesson No. 1

  Patent trolls are organizations that aggressively defend patent libraries without manufacturing products of their own, which is why they are often referred to as Non Practicing Entities (NPEs) or Patent Assertion Entities (PAEs). These NPEs hardly contribute to research and development through innovation since they are rarely the original innovators. Moreover, the NPEs own patent libraries by buying inventions and patents cheaply from individual inventors and small entities who are not seeking to enforce them and licence the acquired patent technology for commercial gains. Patent trolls often make broad claims of infringement based on their patents of questionable validity, taking advantage...

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