In October 2015, I blogged about the proposed binding treaty on business and human rights and in that post I questioned the rationale behind the proposed treaty. Well, it appears that the proponents of the proposed treaty are not about to give up any time soon. The third session of the Intergovernmental Working Group that… Continue reading Is a Treaty on Business and Human Rights Logically & Politically Plausible?
Last week, the Indian government released its much awaited National Intellectual Property Rights Policy. As stated in the document, the rationale behind the policy ‘lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.’ This rationale is clearly reflected in some of the objectives contained… Continue reading India’s Intellectual Property Policy and Human Rights
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
In a press release published on its website today, GSK has announced a series of measures that, if implemented, could help to improve access to medicines in developing countries. According to GSK, it is ‘evolving its graduated approach to filing and enforcing patents so that IP protection reflects a country’s economic maturity.’ Essentially, under this graduated… Continue reading GSK’s Plan to Improve Access to Medicines in Developing Countries
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
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?