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TRIPS Tag

BananaIP Counsels > Posts tagged "TRIPS"

Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

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Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)

The image depicts the WIPO headquarters in Geneva as the post is about Paris Convention for the protection of industrial property with respect to patents.Click here to read.

First Publication Date: 7th January 2008 Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers. In pursuance of this individual government backed incentive mechanisms that prevailed in different parts of the world over a long period of time, there began an international movement towards forming a union of countries...

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Intellectual Property: Weekly Warm- up with IP News Center

3 Circles of Copyright, Patent and trademark. There is a question mark at the intersection of the circles.

Hello Readers! Hope you all had a great weekend. Let us take a quick look at what happened in the past week, with this Weekly Warm up. Recent Copyright Decisions This post authored by Bhuvana S Babu discusses three recent copyright decisions. The first decision which this post discusses is a copyright infringement row between Led Zeppelin and Michael Skidmore. The second decision which this post discusses is a judgment delivered by a US Court, which held that a video sharing website cannot be held liable for copyright infringement for unknowingly hosting older music uploaded by its users. The third decision which...

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India protests against The European Union Trademark Reforms

The featured image is customised and the words "The EU Trademark reforms" are written on a yellow background. The post is about the recent amendments bought by The EU and the protests regarding the same by India. To know more, please click here.

The IP community is well aware about the major reforms that have been implemented recently by the EU( European Union). The European Trademark law has undergone significant changes since the introduction of the Community Trademark system in 1996. The  recently adopted European Trademark Reforms have brought in substantial changes not only to Community trademarks but also for owners of national trademarks in the EU. India has been protesting without any success, against one such new directive in the area of trademark protection that could possibly lead to seizure of legitimate pharmaceutical products (including essential medicines) ,without sufficient evidence of trademark violation,...

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Patents: Extension of Waiver for Pharma Patents until 2033 A.D

After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents. Following the decision arrived on 6th November 2015, LDC members of the WTO will now be allowed to maintain maximum flexibility in their...

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National IP Policy Update

A custom made image which reads "Indian National IP Policy", which is the subject of the article. To read please click here.

On the 13th October, 2015 (Tuesday) the blog ‘Don’t Trade Our lives Away’, posted the alleged final version of India’s first IPR Policy (“the policy” for brevity). However, according to Mr. Amitabh Kant, Secretary DIPP (as reported by LiveMint) the leaked document was only a policy document submitted by the IP Think Tank as an input to the actual policy. The policy will be in place within next 30-45 days. According to Mr. Kant, this policy will be “one of the finest policies in the world”. Also Ms. Nirmala Sitharaman, the Minister for Commerce and Industry on 15th October, 2015...

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How Wise is it to TRIP Over Food?

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

 

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

Patent War: Is the US Arm-twisting India?

This image depicts a man twisting the arm of another person. This image is relevant as the topic itself has the question whether US is arm-twisting India. Click on the image for more information

India’s domestic Patent Laws have flourished prominently and recent patent rulings have suggested that Indian Patent Laws are consumer friendly. However, recent discussions with the US prompted a need for us to defend our IPR regime. In their view, the underlying Indian Law still tends to favor weaker rather than stronger protection of IP.

A number of issues raised in negotiations on TRIPS regime for implementation of Patent Laws in developing countries such as India have been selected to the satisfaction of developed counties such as the US and certain European countries. There are still a few issues which may be the subject of future interpretation in dispute settlement or in discussion in the TRIPS Council. Apart from Biological inventions and limits to patent rights such as Parallel Trade or Compulsory Licenses, this post covers other issues that will be discussed extensively in times to follow.

Fleeting Life of Exclusive Marketing Rights and the Birth of a Stronger Patent Regime

This image depicts a signboard having CHANGE written on it. This image is relevant as India's patent Law has changed a lot after it became signatory to TRIPS. Click on this image for more information

Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005.

India became a party to the TRIPS Agreement in April, 1994. At that time, India’s then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on January 1, 1995, TRIPS set out transitional periods for WTO members to introduce legislation complying with the obligations under TRIPS.

For developing countries, like India, the deadline for complying with TRIPS was the year 2000. Article 65.4 of TRIPS provided a special transitional provision for those countries that did not grant product patents. The provision provided an additional five years (until 2005), from the initial TRIPS transitional period, to introduce product patent protection.