[Editor's Note: A packet containing 120 tablets (to be consumed within a month) of the Cancer Treatment Drug ('Nexavar') cost Rs. 2.84 Lakhs previously. But after a recent decision by Indian Patents Office, the price has got reduced to Rs. 8800 per month. This article by Jos Anthony explains how the Application of Patent Law [...]
March 20, 2012
Introduction SOPA and PIPA is all the rage in Internet these days. You must have come across them at least once in a while. Even for a newbie, it was hard to miss because some of the biggest and the most popular websites showed their protest by blacking out their websites for a whole day. Yes, [...]
June 12, 2011
(The following article has been divided into two parts. Part I deals with basics of patent and its infringement. Part II explains the infringement with specific sections of Indian Patent Act,1970. Click here for Part I) Infringement of Patent under various sections of Indian Patents Act, 1970 Section 104- Jurisdiction A suit for infringement has to [...]
June 12, 2011
(The following article has been divided into two parts. Part I deals with basics of patent and its infringement. Part II explains the infringement with specific sections of Indian Patent Act,1970. Click here for Part II) Meaning of Patent Patent means a monopoly right granted to a person to exploit his invention for a limited period [...]
June 7, 2011
‘Intellectual property right’ is the much touted phrase in today’s era of market competition and globalization. This article aims to introduce this concept that sounds hi-fi and is somewhat intriguing to a layman. Everyone knows what a property is. In day to day parlance we associate the word property with some object or land that [...]
May 1, 2011
Introduction Property has always been a symbol of power and strength for every individual and that is why every individual tries to maximise his property. A human being is the sole proprietor of his brains and even law gives him a proprietor right in it. Just as John Locke had pointed out, a person has [...]
April 28, 2011
The judiciary plays two distinct roles in relation to IP: 1. Interpretation of the various IP Statutes. 2. Adjudication of IP Matters. 1. Interpretation of the several of IP Statutes. India under its commitment under the TRIPs has introduced many IP legislations to modernize its age-old IP legislations in order to be in harmony with [...]
April 16, 2011
What is the most resilient parasite? –An idea! –Leonardo Di Caprio (Inception) But can an idea be copyrighted? Sadly, the answer is no. The laws of copyright are very clear that side as in their pure form cannot be copyrighted. It is the expression of the idea that can be copyrighted. The Court held in [...]
April 2, 2011
In 1995, two Non-Resident Indians were granted a patent on “use of turmeric in wound healing” in the U.S. Now, in India we all know of the remedial properties of turmeric and as Indian children we have all gone through the sting of turmeric on our post-frolic wounds. On the basis of this well known [...]
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