TRIPS Agreement Archives

Pharmaceutical Regulatory Data Protection in India

Explore the debate over regulatory data protection in India, its impact on pharmaceutical research, and how it balances intellectual property rights with access to medicines. Learn about India’s approach and its implications for the generic industry. Continue Reading Pharmaceutical Regulatory Data Protection in India

March 31, 2023 BananaIP Reporter Intellectual Property, Patents 0Comment 1691Views 0Like

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Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi High Court

In the case of PPL versus LOOKPART EXHIBITIONS (CS (COMM) 188/2022 & I.A 4772/2022), The Delhi High Court asked Professor Arul George Scaria to provide an expert opinion on Section 52(1)(za). The Court asked Professor Arul to particularly provide an opinion on the scope and extent of the Copyright Exception with respect to the use of Sound Recordings in marriage ceremonies and related festivities. In furtherance, Professor Arul gave his opinion to the Court, which was mentioned in the Court’s…

November 14, 2022 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1519Views 0Like

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This image depicts the 3 Idiots Movie Cover

Moral of “3 Idiots”

Date of First Publication: 4th January 2010 Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing…

October 30, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 3025Views 0Like

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The image depicts the WIPO headquarters in Geneva as the post is about Paris Convention for the protection of industrial property with respect to patents.Click here to read.

Paris Convention for the Protection of Industrial Property, 1883 (Revised at Stockholm in 1967)

First Publication Date: 7th January 2008 Monopoly and related rights have always been frowned upon by the law. The Statute of Monopolies, enacted in England in the year 1623, established that monopolies are not acceptable in law, but made a glorious exception in favour of patentable inventions. Therefore, although the statute prohibited monopolies, it specifically preserved the right of the royalty to grant patents for inventions by manufacturers. In pursuance of this individual government backed incentive mechanisms that prevailed in different parts…

October 13, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 3561Views 0Like

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The featured image shows scrabble tiles arranged in a manner to read "Time for change". This post is about the amendment to the Agreement on TRIPS. To read more about this, click here.

First Amendment to WTO comes into force

The recent amendment to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is the first ever amendment to WTO accords after its founding in 1995. The amendment to the TRIPs agreement came into force on 23rd January, 2017, after 2/3rd members of WTO accepted it. The amendment facilitates supply of drugs to developing/least developed countries lacking pharmaceutical production capacity under a compulsory license. The amendment was made to address public health needs of people in poor countries…

February 19, 2017 BananaIP Reporter Intellectual Property, Patents 0Comment 781Views 0Like

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The image depicts a round plate with various spices like turmeric, cumin seeds, cinnamon, fenu greek placed on it. This post relates to traditional knowledge. For more information click here.

National IPR Policy – Traditional Knowledge Related Objectives

India approved its first ever Intellectual Property Rights (IPR) policy with a vision to stimulate creativity and innovation and to promote advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various…