scholarly journals Case C-414/11 Daiichi: The Impact of the LisbonTreaty on the Competence of the European Unionover the TRIPS Agreement

2015 ◽  
Vol 4 (1) ◽  
pp. 73>-87 ◽  
Author(s):  
Isabelle Van Damme
Keyword(s):  
Trips Agreement ◽  
The Impact

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

scholarly journals Vaccine nationalism and equitable access to COVID-19 pharmaceuticals: TRIPS Agreement under trial (again)

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Boniface Chimpango
Keyword(s):  
Low Income ◽  
Empirical Studies ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Low Income Countries ◽  
Equitable Access ◽  
Content Type ◽  
Near Term ◽  
Procurement Strategies ◽  
The Impact

Purpose The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics. Design/methodology/approach The global scramble for COVID-19 vaccine and other related pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in times of health emergencies. This paper then considers the unique challenges that have been brought to the fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always associated with desk-based research, part of the methodology of this work is to seek support from related empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of this research. Findings This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to streamline the voluntary licencing system which is an important tool for low-income countries’ access to affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should consider establishing pooled Licencing Facilities and procurement strategies via already existing political, economic or regional trade groupings. Originality/value This research is original. All sources have been acknowledged. This research synthesises different research papers and applies different viewpoints to the debate on the impact of the TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.

Biopharma Drugs Innovation in India and Foreign Investment and Technology Transfer in the Changed Patent Regime

2011 ◽  
pp. 210-225
Author(s):  
Rakhi Rashmi
Keyword(s):  
Technology Transfer ◽  
Intellectual Property Rights ◽  
Foreign Investment ◽  
Direct Investment ◽  
Patent Protection ◽  
Trips Agreement ◽  
Investment Climate ◽  
Indian States ◽  
The Impact ◽  
The Relationship

This chapter addresses the relationship between the intellectual property rights and Foreign Direct Investment in the context of Indian biopharma Industry to assess the impact of the TRIPs agreement of WTO on the biopharmaceutical industry of developing countries. The central issue in this study is the extent to which patent reform (after the imposition of the TRIPs agreement in 1995) affects India’s ability to attract technology transfer for biopharmaceutical drugs innovation. The study analyzes FDI flow in the biopharma industry in Pre TRIPs (before the imposition of product patent protection 1991-1999) and post TRIPs (after product patent protection, 1999-2005). It does a comparative analysis of the relationship between the amount of foreign investment in different Indian states and the investment climate ranking of those states that are the part of Indian bio cluster.

Biopharma Drugs Innovation in India and Foreign Investment and Technology Transfer in the Changed Patent Regime

2013 ◽  
pp. 846-859
Author(s):  
Rakhi Rashmi
Keyword(s):  
Technology Transfer ◽  
Intellectual Property Rights ◽  
Foreign Investment ◽  
Direct Investment ◽  
Patent Protection ◽  
Trips Agreement ◽  
Investment Climate ◽  
Indian States ◽  
The Impact ◽  
The Relationship

This chapter addresses the relationship between the intellectual property rights and Foreign Direct Investment in the context of Indian biopharma Industry to assess the impact of the TRIPs agreement of WTO on the biopharmaceutical industry of developing countries. The central issue in this study is the extent to which patent reform (after the imposition of the TRIPs agreement in 1995) affects India’s ability to attract technology transfer for biopharmaceutical drugs innovation. The study analyzes FDI flow in the biopharma industry in Pre TRIPs (before the imposition of product patent protection 1991-1999) and post TRIPs (after product patent protection, 1999-2005). It does a comparative analysis of the relationship between the amount of foreign investment in different Indian states and the investment climate ranking of those states that are the part of Indian bio cluster.

scholarly journals THE IMPACT OF TRIPS AGREEMENT ON ACCESS TO MEDICINES IN DEVELOPING COUNTRIES: LEGAL CHALLENGES FACED BY THE PHARMACEUTICAL INDUSTRY PARTICULARLY IN INDIA

2012 ◽  
Author(s):  
Kamini Shanmugaiah
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Intellectual Property Rights ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Legal Challenges ◽  
The Impact

The impact of intellectual property rights in particular patent relating to public health has posed numerous challenges faced by developing countries who are members of World Trade Organisation (WTO). This paper examines the impact of TRIPS Agreement (Trade Related Intellectual Property Rights) in relation to developing countries in general with specification made to India. Significant changes brought about by the TRIPS flexibilities in particular usage of compulsory licensing and Bolar provision have to a certain extent benefited the developing countries in the field of public health during national emergency. The TRIPS flexibilities by way of amendment have helped countries that (do not possess manufacturing capacities) to import medicines. Some developing countries even utilised TRIPS flexibilities in an aggressive manner to enforce their right to have access to medicines from other countries for the benefit of their citizens. Further, TRIPs flexibilities have helped developing countries to manufacture generic products to make it affordable to the people. This paper specifically examines the impact of the TRIPS Agreement on Indian generic pharmaceutical industry and the legal challenges faced by Indian pharmaceutical industry after the implementation of product patent regime effective from 1 January 2005. The Patent Amendment Act 2005(India) will be looked into especially on the controversy in respect of Section 3(d) of the Patent Amendment Act 2005(India) on the requirement of patentability. The new Section 92A of the Patent Amendment Act 2005(India) on the grounds to invoke compulsory licensing will be analysed to see whether Indian government has applied restrictive or broad approach, as compulsory licensing is certainly an important legal

scholarly journals IMPLEMENTATION OF PATENT AND TRANSFER OF PATENT RIGHTS ACCORDING TO INDONESIAN PATENT LAW

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Abir Rafa Kamil
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Trips Agreement ◽  
Patent Law ◽  
The State ◽  
Transfer Of Technology ◽  
Patent Rights ◽  
The Government ◽  
The Impact

AbstractIndonesia as a member of the World Trade Organization (“WTO”) is obliged to comply with the provisions stipulated in the Trade-Related Intellectual Property Rights Agreement (“TRIPs Agreement”) especially regarding Patents; therefore, the Government of Indonesia regulates the provisions regarding Patents by Law Number 13 of 2016 concerning Patent which has been amended through Law Number 11 of 2020 Concerning Job Creation (“Indonesia Patent Law”). Article 20 of Indonesian Patent Law regulates that “the implementation of Patents must be implemented in Indonesia which can be done by making, importing, and licensing.”. Related to the protection of patent rights granted, the state also hopes to transfer technology from Patent Holders; thus, their inventions can be produced and used without paying royalties to Patent Holders. However, the provisions regulated by the Government of Indonesia stipulate that the implementation of Patent can be carried out by importing, which will result in no transfer of technology from the Patent Holders to the state; thus, it will be detrimental to Indonesia. Therefore this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patent and transfer of Patent Rights.AbstrakIndonesia sebagai anggota World Trade Organization (“WTO”) wajib memenuhi ketentuan yang ditetapkan dalam Trade-Related Intellectual Property Rigths Agreement (“TRIPs Agreement”) terutama mengenai Paten, oleh karena itu, Pemerintah Indonesia mengatur ketentuan mengenai Patent melalui Undang-Undang Nomor 13 Tahun 2016 tentang Paten yang telah diubah melalui Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU Paten Indonesia”). Pasal 20 UU Paten Indonesia mengatur bahwa “implementasi Paten harus dilaksanakan di Indonesia yang dapat dilakukan dengan membuat, mengimpor, dan lisensi.”. Pada dasarnya terkait dengan perlindungan Hak Paten yang diberikan, negara juga berharap untuk terjadinya peralihan teknologi dari Pemegang Paten sehingga invensi mereka dapat diproduksi dan digunakan tanpa harus membayar royalty kepada Pemegang Paten. Namun, ketentuan yang diatur oleh Pemerintah Indonesia menetapkan bahwa implementasi Paten dapat dilakukan dengan importasi yang mana hal tersebut tidak akan menghasilkan peralihan teknologi dari Pemegang Paten kepada negara sehingga akan merugikan Indonesia. Oleh karena itu paper ini akan mengkaji dan menjelaskan dampak penerapan Pasal 20 UU Paten Indonesia khususnya mengenai implementasi Paten dan transfer Hak Patent.

Impact of TRIPs Agreement on Access to Immunosuppressant Drugs: Another Challenge in Kidney Transplantation and Treatment in Developing Countries

2021 ◽  
Vol 29 (2) ◽  
pp. 309-324
Author(s):  
Oyeniyi Ajigboye ◽  
Ifeoluwa A. Olubiyi
Keyword(s):  
Developing Countries ◽  
Kidney Transplantation ◽  
Cost Effective ◽  
Developed Countries ◽  
Trips Agreement ◽  
Positive Development ◽  
Success Rates ◽  
Post Transplantation ◽  
Post Transplant ◽  
The Impact

Kidney transplantation (KT) as a medical treatment for end-stage renal disease (ESRD) is cost-effective even in developing countries and this treatment has continued to record good success rates. Despite this positive development, the practice of KT continues to face varying challenges across developed and developing countries alike. In developing countries, however, the management of post-transplantation issues is a major challenge. The discovery of immunosuppressant drugs, the accessibility of these drugs and technological advancements that reduce the impact of pre- and post-transplant issues in developed countries is still not readily available in developing countries. This is largely because of restricted access to immunosuppressants and the availability of medications for post-transplant conditions. This article therefore highlights and discusses the implications of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) on the access to immunosuppressant drugs in developing countries. The authors conclude that although the TRIPS Agreement continues to hinder the desired access to immunosuppressants thereby worsening the prospects of KT recipients in developing countries, these countries should maximise the flexibilities available under the treaty to improve access to immunosuppressant drugs.

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