Tag: Compulsory Licensing

Weekly Patent News

Supreme Court restores order extending time limits indefinitely, asks why Government is not invoking compulsory licensing provisions and more

In this week’s patent news and updates - Supreme Court restores order extending time limits indefinitely; Supreme Court asks Government why it is not invoking compulsory licensing provisions; US publishes infamous "Special 301 Report", places India on priority watch list; USPTO organizing series of free webinars on Industrial designs / design patents Indian Patent Updates Supreme Court restores order extending time limits indefinitely The Supreme Court on Tuesday, i.e., April 27th restored its order from last year…

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Intellectual Property, accessibility and public health

Intellectual Property, Accessibility and Public health

On the 30th of July 2020, the international organizations - WIPO, WTO and WHO jointly published a study report titled "Promoting access to medical technologies and innovation - Intersections between public health, intellectual property and trade". This second edition report records the numerous significant developments that have occurred since 2013, when the first edition was published. The 2013 edition of the report may be accessed by clicking here and the 2020 edition of the report may be accessed by…

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

This post was first published on 4th July, 2014.   Compulsory Licenses are licenses granted by the government or the patent office, irrespective of whether the patent holder gives consent to such a license. For most types of Compulsory Licenses, the granting authority fixes the royalty payable to the patent holder. Compulsory Licenses, with respect to patents, are of various types: General Compulsory License – Granted for all types of inventions when certain predefined parameters are satisfied; Compulsory License in National Emergency,…

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The featured image is a top shot of a coffe mug with black coffee and the mug surrounded by coffee beans. The post contains an episode of sipping on IP. To read more click here

Sipping on IP

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Let’s see what we sipped…

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Compulsory Licensing in India

  Mark Twain once said “Get your facts first, then you can distort them as you please”. How is this relevant to this Compulsory Licensing post here? You need to read on to discover that.   The history of Compulsory Licensing can be traced back to the UK Statute of Monopolies in 1624, which ruled out monopolies associated with patent, and stated that grants should not be mischievous to the State‘ or hurt trade. The UK recognized compulsory licensing in terms of…

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Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…

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