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?
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?
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