The Ministry of Commerce and Industry, under the Department for Promotion of Industry and Internal Trade, has introduced draft amendments to the Patents Rules, 2003. These drafts detail various changes proposed by the Central Government, anchored on section 159 of the Patents Act, 1970. The government seeks to amend the …
The US Supreme Court's recent decision to disallow close imitations of patented inventions has given back the holders of valuable patents their lost smile. Earlier, in 2000, a federal court had limited the 'doctrine of equivalents', which entailed that a patent on blue nails could be extended to cover red …
Over the past couple of decades, agricultural research has seen increasing involvement of the private sector in what was almost exclusively the preserve of public-funded institutions. With research taking place in the public sector, there was no problem with sharing technology. The spread of the Green Revolution technology is a …
amid uproar, parliament recently passed the controversial Patents (Second Amendment) bill. Even though Union commerce minister Murasoli Maran gave an assurance that all safeguards to ensure easy availability of drugs at affordable prices were incorporated in the bill, there were voices of dissent. It was argued that the government had …
The passing of the Patents (Second Amendment) Bill, 2002, by both Houses of Parliament is one more step towards complete compliance with the trips Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights). However, further amendments would have to be incorporated to completely comply with trips provisions, since the …
With the adoption of the Patents (Second Amendment) Bill by Parliament on May 14, a trips (Agreement on Trade Related Aspects of Intellectual Property Rights) compliant patents law is now only a matter of the President of India's formal assent. The amended legislation provides for changes in the scope of …
India can really get going when it needs to, even in the midst of troubled times both inside and outside. This was proved last week by the smooth passage of the Patents (Second Amendment) Bill through both houses of Parliament. Some amendments were accepted, others were discussed and clarified in …
to protect traditional knowledge from getting stolen by bioprospectors, the department of Indian systems of medicine and homoeopathy (ism&h;), Union ministry of health and family welfare and National Institute of Science Communication (a Council of Scientific and Industrial Research organisation), have launched a traditional knowledge digital library (tkdl). It contains …
India is obliged under the Montreal Protocol to gradually stop the use of ozone-depleting substances (ODS) such as chlorofluorocarbons (CFCs), which cause unimaginable damage by burning a hole in the Earth's stratospheric ozone layer. The industrialised countries have already phased out some of these substances. The first deadline for India …
When the time comes to phase out the manufacture of ODS in India, like other developing countries, the country has three options. They can either buy alternative technologies from the West or fund and develop indigenous alternatives or shut shop. Each ODS has a range of substitutes. CFC manufacturers can …
WHILE the manufacturers of ODS hit their first deadline as far away as 2010 for the users of these chemicals the clock is ticking at a much faster pace. Those using chlorofluorocarbons (CFCs) in their products will have to stop selling, stocking, exhibiting for sale or distributing foam, refrigerators, mobile …
PUSHPA M BHARGAVA Former director, Centre for Cellular and Molecular Biology Manipulating research is not a new phenomenon. Earlier, the reason for manoeuvring the results of scientific research was professional rivalry. But for the last four decades, it has been economic gain and power, which could be personal, corporate or …
The US Supreme Court has upheld the legality of patents for plants and seeds. The recent ruling will help the crop-biotechnology industry. But it has upset populist farm groups and anti-biotechnology groups. The 6-2 opinion has kept intact utility patents granted by the US Patent and Trademark Office in the …
the choice of venue was clever and the September 11 attack on the World Trade Center added to the security paranoia. The result was that it combined to give trade negotiators somewhat of a breather when they met in Doha, Qatar, for the fourth ministerial conference of the World Trade …
However, the Doha declaration does not take a decision on whether countries with insufficient or no manufacturing capacities in the pharmaceutical sector will be allowed to import generic drugs to deal with a health crisis. Instead, it calls upon the trips council to
agriculture remains the biggest source of inequity in the world trading system. Unlike telecom, financial, and legal services, farming practices in the North have stoutly resisted the logic of market forces. Farming in the North thrives on prodigious subsidies and price support systems combined with coddling protection through high tariffs …
Developing countries also fear the huge costs associated with greener technologies, which will be unbearable by their domestic industries. It could make their goods uncompetitive in western markets. This unequivocal opposition to greening of trade is what brings the motley crew of poor countries together. “If there’s one thing that …
they might well be the modern-day buccaneers. To further their research, agricultural and pharmaceutical companies often tap local communities for traditional knowledge relating to the use of biological resour ces. The conglomerates lose no time in appropriating this painstakingly assimilated information. And make a fast buck by developing products based …
the issue of access to drugs has shifted from anti aids drugs in Africa to anti anthrax drugs in the us. The us government is contemplating to override the patent on Ciprofloxacin, which is held by the German pharmaceutical company, Bayer and procure generic copies from other sources. This move …
The 4th wto ministerial conference in Doha has granted that governments are free to take all necessary measures to protect public health. Simply put, governments can override patents without the threat of a backlash of large pharma multinationals. It is now upto governments to use these powers to bring down …
