The GIPC International IP Index-2014 report gave India a low score of 6.95 out of 30, ranking it last among the 25 countries assessed. The report criticizes India's stringent patentability requirements, issuance of a compulsory license for the drug Nexavar, lack of data protection and patent term restoration for pharmaceuticals. However, these issues prioritize access to affordable medicines for most Indians over corporate interests. The report also cites India's high piracy and counterfeiting rates, but law makers must balance IP protections with public interests. While improvements can be made, primary responsibility is to serve Indian citizens, not foreign organizations.
Dr Dev Kambhampati | Doing Business in India - 2014 Country Commercial Guide ...Dr Dev Kambhampati
This document provides an overview and guide for U.S. companies doing business in India. It discusses the market challenges such as infrastructure issues, high tariffs, local content requirements, and regulations around registration, testing and certification. It also outlines market opportunities in sectors like aviation, defense, healthcare and infrastructure. The guide recommends developing relationships with local partners through agents or distributors and considering a regional approach given India's diversity. It emphasizes strategic planning, due diligence, and patience to succeed in the Indian market.
we are here to help you in the duration of your preparation
feel free to contact us for any query regarding your exam
contact us at : 9454721860, 0522-4241011
or log on to our website : www.iasnext.com
This document discusses legal and business implications for U.S. software companies that outsource work to India. A group of U.S. doctors want to develop an electronic healthcare system and outsource the software development to India to reduce costs. The document analyzes India's intellectual property and tax laws that are relevant for such an arrangement. It finds that India offers little protection for software patents, data is at risk, and tax laws could increase the company's tax burden. Outsourcing strategic work like research and development to India may put a company's intellectual property, data, and profits at greater legal risk.
Calibrating the Pulse of Competition Law in Indiaelithomas202
The document discusses emerging trends in India's competition law, based on a survey conducted by EY. Some key points:
- There is a low awareness of competition law among Indian enterprises, with over 80% unaware of the law and its implications. Multi-national corporations are generally more aware and compliant.
- Dawn raids by the investigating authority are expected to increase in the coming year, increasing the need for e-discovery capabilities to examine electronic records.
- Data available for economic analyses in antitrust cases is often unstructured and widespread, hindering effective market analyses.
- Guidelines are needed for determining appropriate penalties, as penalties levied so far have varied without clear reasons. Over 90% of
The document discusses observations from experiences detecting counterfeit electronic components. It finds that industry inspection methods are designed to verify authentic parts, not detect counterfeits. Many counterfeit cases trace back to sources in China through independent distributors. Effective detection requires visual, documentation, and electrical testing methods tailored to uncover various counterfeiting techniques like remarking, refurbishing, and bogus documentation. Authentic parts may show signs of prior testing or poor storage, so additional validation is needed to ensure reliability.
Vskills certification for Cyber Law Analyst assesses the candidate as per the company’s need for securing against internet related offenses. The certification tests the candidates on various areas in electronic signature, UNCITRAL, attribution, acknowledgement and dispatch of electronic records, certifying authority, IPR protection, international organization, COE, IT Act and judicial review.
This document summarizes a research study that analyzed the impact of perceived service quality on customer loyalty in the IT sector in India. The study used a SERVQUAL scale to measure customer perceptions of service quality across five dimensions: tangibles, reliability, responsiveness, assurance, and empathy. Data was collected through questionnaires distributed at 15 IT service provider outlets. The results found that customer expectations for service quality are very high. Empathy was identified as the strongest predictor of customer loyalty. The findings suggest that IT companies should focus on improving service quality attributes to enhance business performance and customer trust and loyalty.
FICCI Report on combating counterfeiting & grey market challenge for indian c...Neetu Bhatia
As Indian corporates today scale to new achieve heights
globally, the issue of counterfeit and pirated products sourced from India remains a threat not only to Made in India brand but revenue losses for the companies too.
This detailed report by FICCI in partnership with KPMG highlights the challenges faced by Indian corporates owing to counterfeiting and recommends measures.
Dr Dev Kambhampati | Doing Business in India - 2014 Country Commercial Guide ...Dr Dev Kambhampati
This document provides an overview and guide for U.S. companies doing business in India. It discusses the market challenges such as infrastructure issues, high tariffs, local content requirements, and regulations around registration, testing and certification. It also outlines market opportunities in sectors like aviation, defense, healthcare and infrastructure. The guide recommends developing relationships with local partners through agents or distributors and considering a regional approach given India's diversity. It emphasizes strategic planning, due diligence, and patience to succeed in the Indian market.
we are here to help you in the duration of your preparation
feel free to contact us for any query regarding your exam
contact us at : 9454721860, 0522-4241011
or log on to our website : www.iasnext.com
This document discusses legal and business implications for U.S. software companies that outsource work to India. A group of U.S. doctors want to develop an electronic healthcare system and outsource the software development to India to reduce costs. The document analyzes India's intellectual property and tax laws that are relevant for such an arrangement. It finds that India offers little protection for software patents, data is at risk, and tax laws could increase the company's tax burden. Outsourcing strategic work like research and development to India may put a company's intellectual property, data, and profits at greater legal risk.
Calibrating the Pulse of Competition Law in Indiaelithomas202
The document discusses emerging trends in India's competition law, based on a survey conducted by EY. Some key points:
- There is a low awareness of competition law among Indian enterprises, with over 80% unaware of the law and its implications. Multi-national corporations are generally more aware and compliant.
- Dawn raids by the investigating authority are expected to increase in the coming year, increasing the need for e-discovery capabilities to examine electronic records.
- Data available for economic analyses in antitrust cases is often unstructured and widespread, hindering effective market analyses.
- Guidelines are needed for determining appropriate penalties, as penalties levied so far have varied without clear reasons. Over 90% of
The document discusses observations from experiences detecting counterfeit electronic components. It finds that industry inspection methods are designed to verify authentic parts, not detect counterfeits. Many counterfeit cases trace back to sources in China through independent distributors. Effective detection requires visual, documentation, and electrical testing methods tailored to uncover various counterfeiting techniques like remarking, refurbishing, and bogus documentation. Authentic parts may show signs of prior testing or poor storage, so additional validation is needed to ensure reliability.
Vskills certification for Cyber Law Analyst assesses the candidate as per the company’s need for securing against internet related offenses. The certification tests the candidates on various areas in electronic signature, UNCITRAL, attribution, acknowledgement and dispatch of electronic records, certifying authority, IPR protection, international organization, COE, IT Act and judicial review.
This document summarizes a research study that analyzed the impact of perceived service quality on customer loyalty in the IT sector in India. The study used a SERVQUAL scale to measure customer perceptions of service quality across five dimensions: tangibles, reliability, responsiveness, assurance, and empathy. Data was collected through questionnaires distributed at 15 IT service provider outlets. The results found that customer expectations for service quality are very high. Empathy was identified as the strongest predictor of customer loyalty. The findings suggest that IT companies should focus on improving service quality attributes to enhance business performance and customer trust and loyalty.
FICCI Report on combating counterfeiting & grey market challenge for indian c...Neetu Bhatia
As Indian corporates today scale to new achieve heights
globally, the issue of counterfeit and pirated products sourced from India remains a threat not only to Made in India brand but revenue losses for the companies too.
This detailed report by FICCI in partnership with KPMG highlights the challenges faced by Indian corporates owing to counterfeiting and recommends measures.
Venue & Time: Maramalai Nagar, 10 am to 5 pm. The event will take place at Maramalai Nagar from 10 am to 5 pm. A 1.5 foot high metal framed stage topped with wood and red carpet will be set up, with 2 steps on either side. Welcome banners and dolls will be placed near the entrance gate. Guests will be welcomed with chenda melam, a traditional band from Kerala. Refreshments like popcorn, cotton candy, chocolate fountain, and drinks will be served. Entertainment will include performances by a magician, ventriloquist, dwarf acts, dancers, and a DJ. Guests can take photos to take home. The event organizers can be contacted
Ringkasan dari dokumen tersebut adalah:
1. Dokumen tersebut berisi soal-soal tentang berbagai materi ilmu pengetahuan dan sejarah.
2. Beberapa soal menanyakan tentang konsep dasar biologi, fisika, dan kimia.
3. Ada juga soal-soal sejarah yang menanyakan tentang raja-raja kerajaan di Indonesia.
Josh Dolarhyde, a criminal psychiatrist, and his partner Hunter James investigate a series of crimes committed by serial killer Matthew Blake. As they analyze each new crime scene, Hunter notices signs that Josh is becoming psychologically unstable. Josh believes catching the killer is the only way to prevent his own mental breakdown. A pattern emerges linking the crimes to Josh's past, causing further psychological turmoil. Will Josh find a way to regain his mental stability, or will he become as deranged as the killer he pursues?
The title sequence shows titles that appear distressed and move erratically across a black background or dark shots, as if scratched onto film negatives. It depicts a man assembling disturbing objects, like negatives and crossed-out photos, using dark colors and close-up shots to create an unsettling mood. The soundtrack includes unsettling non-diegetic sounds like machinery, scratching, and ghostly singing that get faster and more like a score over time, heightening the sense of unease.
Venue & Time: Maramalai Nagar, 10am-5pm. Six food counters were set up in an empty ground. Canopy counters, ambient staff, and professional, clean service staff were arranged. Guests would receive a welcome drink upon arrival, either a blue curacao mocktail or hot and sour soup options. A variety of vegetarian and non-vegetarian dishes would be provided for main courses and dessert, including chicken 65, vegetable biryani, and ice cream. The food and service package was priced at Rs. 650 per person with a minimum of 800 guests. Contact details were provided.
Thrillers aim to keep audiences on edge through suspense and surprises. They feature flawed or psychologically challenged protagonists facing antagonists. Effective techniques in thrillers include fast cutting between shots to build tension and scare viewers, as well as incorporating both natural and added sounds.
This document provides guidelines and the schedule for a storytime session. It includes reminders about distractions, allergies, illnesses, crying, talking, and tardiness. The storytime activities include name and action songs, learning the letter of the day, reading stories about fish and bubbles, and doing a cleanup song. The goal is to build children's print motivation and make reading a positive experience.
The document outlines the schedule and activities for a children's birthday party to be held at a beach resort. The party will run from 9am to 6pm and include welcome drinks, popcorn, cotton candy, a jumping castle, ball pool, henna art, temporary tattoos, face painting, nail art, caricatures, name writing on rice, a photo booth, games, magic and dance shows, high tea, and DJ dancing before gifts and departure at 6pm. The venue aims to provide entertainment for children's parties and corporate events.
1. Dokumen tersebut merupakan business plan untuk membuka usaha distro bernama "ABAL-ABAL" yang akan menjual berbagai pakaian dan aksesoris fashion.
2. Usaha ini ditargetkan kepada pelajar, mahasiswa, dan remaja untuk memenuhi kebutuhan akan fashion yang up to date.
3. Bisnis ini diharapkan dapat berkembang dengan membuka cabang baru di beberapa daerah setelah mendapatkan keuntungan dari penjualan secar
The document discusses India's intellectual property (IP) crime and its rising threats. Some key points:
- IP crime in India includes production of fake watches, cigarettes, etc. resulting in losses for companies and tax evasion.
- IP crime has socio-economic impacts like heavy losses for industries, loss of taxes, consumers getting poor quality goods.
- Studies show FMCG sector loses 15% of revenue to counterfeits, with some brands losing up to 30%.
- India's judiciary is not equipped to deal with large number of IP crime cases in a timely manner.
This document provides a literature review on intellectual property rights (IPR) and economic development in India. It discusses how IPR affects innovation and foreign direct investment, which are key drivers of economic growth. While increased IPR can encourage innovation, it also blocks imitation, which is important for learning in developing countries. The effect of IPR depends on a country's development level. India's current IPR system is argued to be suitable given its stage of development, though further analysis of industry-specific impacts is recommended.
The Indian pharmaceutical industry is the second largest by volume globally and is a major contributor to India's economy. While Indian pharmaceutical companies initially made their mark through reverse engineering generic drugs, they are now investing more in research and development to develop new drug molecules. However, challenges remain as stricter patent laws have reduced the market for generic drugs and small companies are struggling to meet higher regulatory standards.
Intellectual Property v. Competition Law Policy in IndiaMehek Kapoor
1.Emerging Jurisprudence
2.Examining the Relationship Between IP & Competition Policy
3.Regulation of IP Related Competition Issues:
3.1. Abuse of Dominant Position
3.2. Refusal to License
3.3. Excessive Pricing
3.4. Tying Arrangements
4.Mechanisms to Control IP Abuse
4.1. Parallel Imports
4.2. Compulsory Licensing
5.Conclusion & Suggestions
Rashmi Barbhaiya, CEO of Advinus, is worried about declining interest from large pharmaceutical companies in outsourcing drug discovery and development work to India. While India once seemed well-positioned to become a major center for pharmaceutical innovation due to its educational system, researchers, generics industry, and intellectual property laws, recent court rulings and an unfavorable policy environment have damaged India's reputation and given investors the impression that India is now hostile to pharmaceutical innovation. A broken clinical trials system and other issues have also created a poor research and development ecosystem in India.
Pharmaceutical Offshoring Landscape A Syndicated Reportshekhar619
- The pharmaceutical industry is increasingly offshoring R&D activities to countries like India and China to take advantage of lower costs. India captured $125 million in offshored R&D spending in 2008 and China captured $375 million.
- India has become a major destination for clinical trials and data management due to its large, skilled talent pool and lower costs that are 20-30% of developed markets. The market for outsourced clinical trials in India is growing at 31% annually.
- Pharmaceutical companies are establishing facilities in India's Special Economic Zones which provide tax incentives and regulatory benefits to encourage further offshoring and foreign investment in the country.
Dr. Ravi Dhar on new Indian Intellectual Property Policy of 2016Dr. Ravi Dhar
The new IPR policy of India is expected to boost innovation & productivity of useful products by Indian Scientists. Apart from this, the process of speeding up registration of Patents has also been considered.
The document discusses various aspects of drug patents including definitions, requirements, processes, strategies, impacts and issues. Some key points:
- A patent grants an inventor exclusive rights to an invention for a limited time (usually 20 years) in exchange for publicly disclosing the invention. It does not permit marketing the product which requires separate regulatory approval.
- To be patentable, an invention must be novel, involve an inventive step, and be industrially applicable. Strategies to extend patents include new formulations, uses and combinations.
- The TRIPS agreement harmonized intellectual property standards globally but some argue this restricts access to medicines in developing countries. The WTO recently approved a waiver allowing least developed countries
The document discusses India banning Chinese apps. It notes that the Indian government banned Chinese apps in four phases between June 2020 and November 2020 for security and sovereignty reasons. The bans aimed to boost Indian apps and the local digital economy as part of India's self-reliant initiatives. While the bans benefit Indian companies and users' privacy, they may negatively impact India's soft power, increase border tensions, and cost Chinese companies an estimated $200 million per year. The document calls for India to develop a data protection law and alternative apps to address these issues.
Contract Research Organisations- CRO in Pharma FieldVINOTH R
The document provides an overview of contract research organizations (CROs). It discusses that CROs were originally formed to help pharmaceutical companies deal with capacity issues and excess demand. CROs now provide a wide range of clinical trial and drug development services to pharmaceutical sponsors. They have become an important partner for both large pharmaceutical firms and smaller biotech companies. However, the Indian CRO industry still faces challenges such as financial issues, a lack of accredited trial sites, and regulatory hurdles.
Venue & Time: Maramalai Nagar, 10 am to 5 pm. The event will take place at Maramalai Nagar from 10 am to 5 pm. A 1.5 foot high metal framed stage topped with wood and red carpet will be set up, with 2 steps on either side. Welcome banners and dolls will be placed near the entrance gate. Guests will be welcomed with chenda melam, a traditional band from Kerala. Refreshments like popcorn, cotton candy, chocolate fountain, and drinks will be served. Entertainment will include performances by a magician, ventriloquist, dwarf acts, dancers, and a DJ. Guests can take photos to take home. The event organizers can be contacted
Ringkasan dari dokumen tersebut adalah:
1. Dokumen tersebut berisi soal-soal tentang berbagai materi ilmu pengetahuan dan sejarah.
2. Beberapa soal menanyakan tentang konsep dasar biologi, fisika, dan kimia.
3. Ada juga soal-soal sejarah yang menanyakan tentang raja-raja kerajaan di Indonesia.
Josh Dolarhyde, a criminal psychiatrist, and his partner Hunter James investigate a series of crimes committed by serial killer Matthew Blake. As they analyze each new crime scene, Hunter notices signs that Josh is becoming psychologically unstable. Josh believes catching the killer is the only way to prevent his own mental breakdown. A pattern emerges linking the crimes to Josh's past, causing further psychological turmoil. Will Josh find a way to regain his mental stability, or will he become as deranged as the killer he pursues?
The title sequence shows titles that appear distressed and move erratically across a black background or dark shots, as if scratched onto film negatives. It depicts a man assembling disturbing objects, like negatives and crossed-out photos, using dark colors and close-up shots to create an unsettling mood. The soundtrack includes unsettling non-diegetic sounds like machinery, scratching, and ghostly singing that get faster and more like a score over time, heightening the sense of unease.
Venue & Time: Maramalai Nagar, 10am-5pm. Six food counters were set up in an empty ground. Canopy counters, ambient staff, and professional, clean service staff were arranged. Guests would receive a welcome drink upon arrival, either a blue curacao mocktail or hot and sour soup options. A variety of vegetarian and non-vegetarian dishes would be provided for main courses and dessert, including chicken 65, vegetable biryani, and ice cream. The food and service package was priced at Rs. 650 per person with a minimum of 800 guests. Contact details were provided.
Thrillers aim to keep audiences on edge through suspense and surprises. They feature flawed or psychologically challenged protagonists facing antagonists. Effective techniques in thrillers include fast cutting between shots to build tension and scare viewers, as well as incorporating both natural and added sounds.
This document provides guidelines and the schedule for a storytime session. It includes reminders about distractions, allergies, illnesses, crying, talking, and tardiness. The storytime activities include name and action songs, learning the letter of the day, reading stories about fish and bubbles, and doing a cleanup song. The goal is to build children's print motivation and make reading a positive experience.
The document outlines the schedule and activities for a children's birthday party to be held at a beach resort. The party will run from 9am to 6pm and include welcome drinks, popcorn, cotton candy, a jumping castle, ball pool, henna art, temporary tattoos, face painting, nail art, caricatures, name writing on rice, a photo booth, games, magic and dance shows, high tea, and DJ dancing before gifts and departure at 6pm. The venue aims to provide entertainment for children's parties and corporate events.
1. Dokumen tersebut merupakan business plan untuk membuka usaha distro bernama "ABAL-ABAL" yang akan menjual berbagai pakaian dan aksesoris fashion.
2. Usaha ini ditargetkan kepada pelajar, mahasiswa, dan remaja untuk memenuhi kebutuhan akan fashion yang up to date.
3. Bisnis ini diharapkan dapat berkembang dengan membuka cabang baru di beberapa daerah setelah mendapatkan keuntungan dari penjualan secar
The document discusses India's intellectual property (IP) crime and its rising threats. Some key points:
- IP crime in India includes production of fake watches, cigarettes, etc. resulting in losses for companies and tax evasion.
- IP crime has socio-economic impacts like heavy losses for industries, loss of taxes, consumers getting poor quality goods.
- Studies show FMCG sector loses 15% of revenue to counterfeits, with some brands losing up to 30%.
- India's judiciary is not equipped to deal with large number of IP crime cases in a timely manner.
This document provides a literature review on intellectual property rights (IPR) and economic development in India. It discusses how IPR affects innovation and foreign direct investment, which are key drivers of economic growth. While increased IPR can encourage innovation, it also blocks imitation, which is important for learning in developing countries. The effect of IPR depends on a country's development level. India's current IPR system is argued to be suitable given its stage of development, though further analysis of industry-specific impacts is recommended.
The Indian pharmaceutical industry is the second largest by volume globally and is a major contributor to India's economy. While Indian pharmaceutical companies initially made their mark through reverse engineering generic drugs, they are now investing more in research and development to develop new drug molecules. However, challenges remain as stricter patent laws have reduced the market for generic drugs and small companies are struggling to meet higher regulatory standards.
Intellectual Property v. Competition Law Policy in IndiaMehek Kapoor
1.Emerging Jurisprudence
2.Examining the Relationship Between IP & Competition Policy
3.Regulation of IP Related Competition Issues:
3.1. Abuse of Dominant Position
3.2. Refusal to License
3.3. Excessive Pricing
3.4. Tying Arrangements
4.Mechanisms to Control IP Abuse
4.1. Parallel Imports
4.2. Compulsory Licensing
5.Conclusion & Suggestions
Rashmi Barbhaiya, CEO of Advinus, is worried about declining interest from large pharmaceutical companies in outsourcing drug discovery and development work to India. While India once seemed well-positioned to become a major center for pharmaceutical innovation due to its educational system, researchers, generics industry, and intellectual property laws, recent court rulings and an unfavorable policy environment have damaged India's reputation and given investors the impression that India is now hostile to pharmaceutical innovation. A broken clinical trials system and other issues have also created a poor research and development ecosystem in India.
Pharmaceutical Offshoring Landscape A Syndicated Reportshekhar619
- The pharmaceutical industry is increasingly offshoring R&D activities to countries like India and China to take advantage of lower costs. India captured $125 million in offshored R&D spending in 2008 and China captured $375 million.
- India has become a major destination for clinical trials and data management due to its large, skilled talent pool and lower costs that are 20-30% of developed markets. The market for outsourced clinical trials in India is growing at 31% annually.
- Pharmaceutical companies are establishing facilities in India's Special Economic Zones which provide tax incentives and regulatory benefits to encourage further offshoring and foreign investment in the country.
Dr. Ravi Dhar on new Indian Intellectual Property Policy of 2016Dr. Ravi Dhar
The new IPR policy of India is expected to boost innovation & productivity of useful products by Indian Scientists. Apart from this, the process of speeding up registration of Patents has also been considered.
The document discusses various aspects of drug patents including definitions, requirements, processes, strategies, impacts and issues. Some key points:
- A patent grants an inventor exclusive rights to an invention for a limited time (usually 20 years) in exchange for publicly disclosing the invention. It does not permit marketing the product which requires separate regulatory approval.
- To be patentable, an invention must be novel, involve an inventive step, and be industrially applicable. Strategies to extend patents include new formulations, uses and combinations.
- The TRIPS agreement harmonized intellectual property standards globally but some argue this restricts access to medicines in developing countries. The WTO recently approved a waiver allowing least developed countries
The document discusses India banning Chinese apps. It notes that the Indian government banned Chinese apps in four phases between June 2020 and November 2020 for security and sovereignty reasons. The bans aimed to boost Indian apps and the local digital economy as part of India's self-reliant initiatives. While the bans benefit Indian companies and users' privacy, they may negatively impact India's soft power, increase border tensions, and cost Chinese companies an estimated $200 million per year. The document calls for India to develop a data protection law and alternative apps to address these issues.
Contract Research Organisations- CRO in Pharma FieldVINOTH R
The document provides an overview of contract research organizations (CROs). It discusses that CROs were originally formed to help pharmaceutical companies deal with capacity issues and excess demand. CROs now provide a wide range of clinical trial and drug development services to pharmaceutical sponsors. They have become an important partner for both large pharmaceutical firms and smaller biotech companies. However, the Indian CRO industry still faces challenges such as financial issues, a lack of accredited trial sites, and regulatory hurdles.
Intellectual Property Rights with Special Reference to HealthSHUBHAM SINGH
A presentation on "Intellectual Property Rights with Special Reference to Health" by Jasvir Kaur after having a research paper on 'Intellectual Property Rights with Special Reference to Health' from Sardar Patel University of Police, Security & Criminal Justice, Jodhpur.
The document discusses various aspects of drug patents including definitions, requirements, strategies, advantages and disadvantages. It defines a patent as a property right granted to an inventor that allows them to exclude others from making or selling their invention for a limited time in exchange for publicly disclosing the invention. Key requirements for a patent include novelty, inventive step, industrial applicability and sufficiency of disclosure. The document also discusses the role of patents in incentivizing drug development and issues around access to medicines, including evergreening and TRIPS waivers.
Current regulatory challenges in indian pharmaceutical industryVikas Rathee
India is the 3rd largest in terms of volume and 13th in terms of value all over the world as we still struggle in terms of quality so in this ppt i show some challenges faced by Indian Pharmaceutical Industry
This document provides comments on India's proposed policy regarding compulsory licensing of pharmaceutical patents. It agrees with the goals of maintaining access to medicines and India's health security. However, it raises several concerns regarding terms of voluntary licensing that could constitute abuse of monopoly. It also argues that the policy needs convergence with other policies around essential medicines, importation, competition, and intellectual property to truly benefit patients. The document advocates for India to take a leadership role in enabling access to affordable medicines globally.
This document discusses the overlap between competition policy and high tech patents in India from a consumer welfare perspective. It notes that while competition law aims to promote competition, intellectual property law grants temporary monopolies through patents. This can create tensions between the two areas of law. The document provides an overview of these issues in India and analyzes how high tech patents, particularly in the pharmaceutical industry, may negatively impact competition and consumer welfare. It argues that competition law and intellectual property law can both promote innovation and consumer welfare when analyzed from the same paradigm with the ultimate goal of increasing consumer welfare.
This document discusses the relationship between competition law and intellectual property rights (IPR). It notes that while IPR provides exclusive rights to encourage innovation, competition law aims to promote market efficiency. There can be tensions between the two. The document outlines the objectives of competition law in India and the nature and intent of IPR. It discusses how the TRIPS agreement and Indian competition law address potential abuses of IPR, such as compulsory licensing. The application of competition laws to restrictive IPR practices like tie-in arrangements and package licensing is also examined.
This document summarizes a presentation on Thailand's policy on compulsory licensing of patented medicines. It discusses how compulsory licensing works, the pharmaceutical business model and costs of drug development. It then analyzes Thailand's policy and whether it complies with international trade agreements. The presentation raises concerns that the policy was not implemented properly, questions the motive and legitimacy of the government's actions, and warns that such policies could discourage future pharmaceutical research and investment.
new management trends in biopharmaceuticalsraj kunwar
The document discusses emerging trends in the biopharmaceutical industry in India. It notes that the Indian biotech industry has grown to over $2 billion and biopharma remains the largest contributor. It outlines various management strategies Indian pharmaceutical firms have taken regarding biotechnology, including contract research and entering the biogenerics market. It also discusses problems the sector faces, such as high drug discovery costs and intellectual property protection, and recommendations to address these issues like allowing early phase clinical trials and reforming patent laws. Emerging trends include increasing government support, regulatory reforms, and more international collaboration.
Consumers are at a grave risks due to counterfeiting in products. Consumers of fake products face perilous risk to life and property and they need to know the extent of the problem. This report aims to empower the consumer with the knowledge and pervasive nature of counterfeiting and smuggled goods.
This document discusses Section 3(d) of the Indian Patents Act and its impact on the Indian pharmaceutical industry. It summarizes the key arguments made in a report by the US-India Business Council calling for the abolition of Section 3(d). The document analyzes the history of patent law in India and the rationale for including Section 3(d). It argues that Section 3(d) does not prevent incremental innovation or violate international agreements. Removing it could delay the introduction of cheaper generic drugs and harm public health. Overall, the document concludes that Section 3(d) is an important public health safeguard and that incentives should focus on research for diseases prevalent in emerging markets like India rather than removing the section.
1. G.I.P.C Report
Himanshu Gupta
Intern
FICCI IPR Division
The Global Intellectual Property Center, a subordinate of the U.S. Chamber of Commerce has
released her latest GIPC International IP Index-2014 report “Charting the Course”, a 2nd
such
report since 2012, to gauge the I.P environment of 25 countries based on 30 factors
categorized under 6 categories.
The latest report expresses a great disappointment with regard to the Indian I.P. regime,
awarding her a trifle score of 6.95 out of 30, a concerning aggregate of 23.23% beside placing
her at last, even below countries like Indonesia, Nigeria and Vietnam, expresses its anathema
over the stringent patentability requirement in India and issue of compulsory license for the
cancer drug Nexavar that G.I.P.C. considers are in violation of TRIPS agreement and expresses
her abhorrence over limited presence of Digital Rights Management legislation, and feels that
the application and enforcement of civil remedies and criminal penalties to balk I.P. infringers
are below expectation besides expressing her serious concern over non-availability of
Regulatory Data Protection & Patent Term restoration, use of Compulsory Licensing, and high
level of software & music piracy and counterfeit goods and at last, wishes India to be a
contracting party to a major International IP treaties like WIPO Internet Treaties, Singapore
Treaty on the Law of Trademarks, Patent Law Treaty etc.
Some of the silent features of the GIPC report are:
1. GIPC considers that the Indian Patentability Requirement does not align with the
International standards of novelty, inventive steps and industrial applicability but has an
additional “fourth” hurdle with regard to inventive step and enhanced efficacy that limits
patentability for certain types of pharmaceutical inventions and chemical compounds.
The report seems to consider that the requirement with regard to “enhanced efficacy” is
foiling the creative and innovative environment but a deeper thought would disapprove
the above statement. The Report fails to consider the concerning issue of “evergreening
of patent” where a patent holder try to extend the monopoly given to his/her existing
invention by trying to patent a new forms of existing pharmaceutical substances that do
not demonstrate significantly enhanced “efficacy”. The section 3(d) of the Indian Patent
Act, is against the “evergreening” of patent that doesn’t promote a culture of making
effort to innovate breakthrough technology but allow pharmaceutical companies to
2. maintain the high cost of life-saving drug by just sitting on to a particular patent for
unreasonably extended period of time.
2. The report abhors the only instance of issue of compulsory license with regard to
Nexavar to a generic drug manufacturer Nacto and the upheld of the C.L. by the
Intellectual Property Appellate Board that was lauded by the Nobel Leaurate for Peace
Médecins Sans Frontières. The GIPC considers that the issue of the C.L. was against the
spirit of TRIPS agreement and was for commercial purpose.
It seems that GIPC failed to consider that Bayer Company, proprietary owner of
Nexavar, was providing the drug at $5000, which is not affordable to large proportions
of Indians.
3. GIPC also raises concern regarding the non-availability of Patent Term Restoration for
Pharmaceutical products and Regulatory Data Protection.
Both concepts affects the generic industries and hiders the accessibility of affordable
and critical lifesaving drugs to Indians not belonging to the economically fortunate
section and thus, defying the very purpose (i.e., welfare of public) of awarding patent by
any government.
Why should GIPC expect Indian government that runs on the taxpayer money of Indians
to make efforts to bring legislations covering above issues if such legislations do not
serve the Interest of large proportions of Indians who could not afford the costly drugs?
4. India has received a criticizing and an alarming score in the Categories relating to
Copyrights and Enforcement. A score as low as 1.48 out of 6 in the category of
Enforcement and 1.47 out of 6 in the category of Copyrights reflects an unpleasant
picture of Indian I.P. regime.
A low score in the
a. indicator 13 with regard to the clear implementation of policies and guidelines
requiring proprietary software used on government ICT systems to be licensed
software (score: 0.25 out of 1).
b. indicator 10 concerning the availability of frameworks that promote cooperative
action against online piracy. (score: 0.25)
c. indicator 18 regarding the availability of frameworks that promote action against
online sale of counterfeit goods (score: 0.25)
d. indicator 21 and 22 reflecting the physical counterfeiting rates and software
piracy rates (score: 0.36 and 0.37 respectively)
e. indicator 25 and 26 concerning the criminal standards and effective border
measurement (score: 0.25 both)
depict an ugly picture of I.P. environment among the eyes of foreign corporations
belonging to different segments including films and music industry. Moreover, the
just mentioned indicators do not seems to be against the public interest but are
critical to the health of the I.P. environment. An underperformance in the indicators
concerning these issues balks the prospects of creating an environment conducive to
FDI and is harmful to the Indian economy.
3. 5. The GIPC wishes India to reconsider its existing legislations concerning to the
prerequisites for trademark protection, legal measure to address the unauthorized uses
of trademark and protection of trade secrets. India scored 0.25 out of 1 in indicators
concerning these issues.
6. The reasons cited by the GIPC while giving ZERO in the indicator concerning Barriers to
market access are the “issuance of compulsory license” and the “tough patentability
requirements”. Both issues seem to prejudice the interest of large proportions of Indians
who do not belong to the economically fortunate category.
7. GIPC is also unhappy with India for not being a member of various International
Treaties like WIPO Internet Treaties, Singapore Treaty on the Law of Trademarks etc.
Conclusion:
GIPC is reasonable when it shows a strong correlation between the economic status and the
I.P. environment of the country and quotes that the stronger a national IP environment, the
greater the number of IP assets generated and stored in an economy and, in turn, the higher
its levels of IP-based receipts. It is also a fact that most of the countries belonging to the
category of High Income Level (source: World Bank) have also scored high in the GIPC index
while others who scored poor in the GIPC index belong to the Lower Middle Income Level.
Thus, a good IP environment promotes creativity, innovation and encourages entrepreneurship
that helps country fight unemployment, poverty and enhances the quality of life of its citizen.
India has a high rate of software piracy and counterfeiting of physical goods and government
institutions are not being obliged to use only licensed version of proprietary software. Moreover
absence of framework promoting cooperative action against online piracy raises a serious
concern regarding India’s commitment toward creating an environment conducive to
Intellectual Property, testing the confidence of investors and demands immediate remedial
actions from the government.
But while creating I.P. framework, law makers should not ignore the larger public interests and
there is need to strike a right balance between privileges given to the I.P. creators and interest
of the public who consumes the result of the I.P. creator. Social implication of any I.P. law
should be well considered before drafting and enacting. Many indicators like the ones
advocating patent term restoration, regulatory data protection and dilution of Indian
patentability requirement seems to have adverse social implication for Indians not belonging to
economically fortunate section but constituting a large proportion of the Indian population.
Before taking any remedial action to make GIPC happy on above mentioned issues, Indian law
makers need to understand that the primary objective of Indian government is to serve the
interest of Indians.