Intellectual Property

Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue

India’s patent regime is in the news again. This time, there have been reports that the Indian government has ‘privately assured’ the US-India Business Council (USIBC) that ‘ it would not use Compulsory Licenses for commercial purposes.’ To be sure, the Indian government, through its Ministry of Commerce and Industry, has issued a ‘clarification‘ to the… Continue reading Framing India’s Alleged Assurances on Compulsory Licences as a Human Rights Issue

Intellectual Property

Nollywood’s Absurd Demand for a Constitutional Right to IP in Nigeria

It is no longer news that Nigeria is seeking to amend its copyright law. Nollywood, Nigeria’s popular film industry, however has some complaints with regard to the amendment of the Nigerian copyright law. According to an article dated 28 November 2015 and published in a Nigerian newspaper, Vanguard, Nollywood apparently has its own demands that it expects… Continue reading Nollywood’s Absurd Demand for a Constitutional Right to IP in Nigeria

Intellectual Property

Will Section 3(d) Make India A Patent-Free Zone?

In its implementation of the TRIPS Agreement, India incorporated a clever provision into its Patents Act. This clever provision, Section 3(d), is essentially aimed at preventing the grant of secondary patents on trivial modifications of existing drugs. This provision was relied upon by the Indian Supreme Court in 2013 to deny Novartis a patent on… Continue reading Will Section 3(d) Make India A Patent-Free Zone?

Intellectual Property

Is Intellectual Property Really Property?

I think those who are examining the question of whether or not intellectual property is property may find this article by Julie E Cohen interesting. I will reproduce the abstract below and you can form your own conclusions after reading it. Property as Institutions for Resources: Lessons from and for IP   The idea of property in… Continue reading Is Intellectual Property Really Property?

Intellectual Property

That Leaked Draft National IPR Policy from India

Earlier this week, another draft version of India’s National IPR Policy was leaked. The draft, dated 18 April 2015, was submitted by India’s ‘IPR Think Tank’. Some comments have been made on the draft (see here, here, and here). The first draft of the IPR policy prepared by the IPR Think Tank can be found… Continue reading That Leaked Draft National IPR Policy from India