What is “Indemnity” and why vaccine manufacturers are demanding that?

What is the News? The Union government is in talks with foreign manufacturers of COVID-19 vaccines on their demand for Indemnity from liability as a condition for selling their vaccines to the country. However, this has already given rise to a similar demand from domestic vaccine-maker Serum Institute of India(SII). As they believe, all players… Continue reading What is “Indemnity” and why vaccine manufacturers are demanding that?

Voluntary Licensing Mechanism for Vaccines Will Ensure Social Justice

Synopsis: Other alternatives available to boost Vaccine supply are less effective. But Voluntary licensing Mechanism for Covid 19 vaccines will lead to affordable and accessible vaccines.  Background Affordable vaccination is the key to achieve global herd immunity and to prevent new strains of COVID-19. To make vaccines affordable there are multiple arrangements globally. Such as… Continue reading Voluntary Licensing Mechanism for Vaccines Will Ensure Social Justice

What is Compulsory Licensing?

What is the News?

Kerala High Court has asked the Centre to respond to a plea for invoking the compulsory licensing. Other capable vaccine manufacturers will also be able to produce Covid-19 vaccines by the use of the compulsory license.

About Compulsory Licensing:
  • Compulsory licensing(CL) is a process that allows governments to license third parties (that is, parties other than the patent holders) to produce, use and sell a patented product or process. By that, producers can manufacture patented drugs without the requirement of consent of patent owners.
  • The WTO’s agreement on intellectual property –TRIPS allows countries to issue compulsory licenses to domestic producers.
  • In India, Compulsory licensing is allowed and regulated under the Indian Patent Act, 1970.

Section 84 of the (Indian) Patent Act,1970: It provides that after three years from the date of the grant of a patent, any person can apply for the compulsory license, on certain grounds:

  • the reasonable requirements of the public with respect to the patented invention have not been satisfied
  • the patented invention is not available to the public at a reasonably affordable price
  • Lastly, the patented invention is not used in the territory of India.

However, compulsory licenses can also be granted under exceptional circumstances.

Section 92 of the (Indian) Patent Act,1970: It authorizes the central government to issue a compulsory license at any time after the grant of the patent, in the case of:

  • National emergency; or
  • Extreme urgency; or
  • Case of public non-commercial use.

After the government issues a notification under Section 92 the companies can approach the government for a license. They can start manufacturing the patented drug by reverse-engineering the product.

Section 100 of the (Indian) Patent Act,1970:
  • It gives the central government the power to authorize anyone to use the invention for the purposes of the government.
  • Basically, this provision enables the government to license patents of the vaccine to specific companies. This is done to speed up manufacturing and ensure equitable pricing.

What is a Patent?

  • Firstly, a patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something or offers a new technical solution to a problem.
  • Secondly, is a patent valid in every country? Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted in accordance with the law of that country or region.
  • Thirdly, how long does a patent last? The protection is granted for a limited period, generally 20 years from the filing date of the application.

Source: Hindu Business line


US President to Remove the Ban on “H-1B Visa”

Issues Associated with IPR Waiver to Covid Vaccine

Synopsis: IPR waiver will not bring instant benefits. Thus, efforts must be made to share the excess stockpiles of vaccines lying with the developed countries. Introduction  The Biden administration announced that it would support a waiver on intellectual property rights (IPR) for the production of COVID-19 vaccines.  The original plan, for TRIPS waiver for Covid… Continue reading Issues Associated with IPR Waiver to Covid Vaccine

US Support to TRIPS Waiver – Challenges Ahead

Synopsis – US is supporting the TRIPS waiver on Covid-19 Vaccines. However, it may take much more time and effort to take benefits out of it. Introduction Firstly, the US is supporting a temporary waiver of the TRIPS agreement [patent protection rules] on Covid-19 vaccines proposed by India and South Africa. Further, Article IX of… Continue reading US Support to TRIPS Waiver – Challenges Ahead

Critical Analysis of U.S Support to temporary Patent Waiver for Covid Vaccines

Synopsis: Arguments, provided by MNC’s against Patent waiver on Covid technologies, are baseless. WTO should make efforts to bring consensus among nations for a temporary waiver. Background Last year, India and South Africa proposed in WTO for a waiver on patent protection. It was for technologies needed to combat COVID-19. While many low- and middle-income… Continue reading Critical Analysis of U.S Support to temporary Patent Waiver for Covid Vaccines

IPR Waiver For Covid 19 Vaccines

Synopsis: The US is now supporting the plea of developing countries for granting an IPR waiver to Covid-19 vaccines. The waiver would allow the countries to speed up the production process without the permission of manufacturing company. However, significant roadblocks exist that may prevent the grant of waiver. Background: The US has shown its willingness… Continue reading IPR Waiver For Covid 19 Vaccines

ICMR will get royalty from the sale of Bharat Biotech’s Covaxin

What is the News? Recently, the Indian Council of Medical Research(ICMR) has confirmed that it will receive royalty payments from the sale of Bharat Biotech’s Covaxin. Development of Covaxin: Firstly, Covaxin has been indigenously developed under the Public-Private Partnership by Hyderabad-based Bharat Biotech in collaboration with the ICMR.Edit Secondly, a Memorandum of Understanding (MoU) is… Continue reading ICMR will get royalty from the sale of Bharat Biotech’s Covaxin

How Government Regulate the Prices of Vaccines and drugs?

Synopsis: The Supreme Court recently reminded the government of its powers to regulate the pricing of vaccines and drugs. Introduction: The Supreme Court has raised the issue of differential pricing for Covid-19 vaccines for the center and states. It directed the central government to clarify in its affidavit the basis and rationale for pricing. How does… Continue reading How Government Regulate the Prices of Vaccines and drugs?

Intellectual Property Rights(IPR) and Universal Vaccination – Explained, Pointwise

Introduction The Covid-19 cases in India are increasing at a very high rate in India. According to the government data, the number of positive cases is increasing at a rate of more than 3 lakh every day since April 21. Now, the only solution suggested by experts around the world is universal vaccination. The government… Continue reading Intellectual Property Rights(IPR) and Universal Vaccination – Explained, Pointwise

Intellectual Property Rights vs Right to Access Basic Healthcare  

Synopsis: Intellectual Property rules governed by TRIPS agreement are still hindering equal access to basic healthcare. Even a crisis like Covid-19 Pandemic could not bring any relief from this regime. Background Quick and efficient vaccination is the most appropriate way to achieve global herd immunity against the virus. However, compliance with TRIPS agreement deprives developing… Continue reading Intellectual Property Rights vs Right to Access Basic Healthcare  

What led to the abolition of Intellectual Property Appellate Board?

Synopsis: A lack of effective government support provided to the Intellectual Property Appellate Board has led to its demise. Background The Intellectual Property Appellate Board (IPAB) established in 2003. It aimed to specifically deal with matters of intellectual property including copyright, trademarks, patents, and geographical indications. Further, since 2007 Novartis’ patent case, the IPAB has… Continue reading What led to the abolition of Intellectual Property Appellate Board?

“ProrIISe Software” to automate legal process for Intellectual Property

What is the News? Indian Institute of Science, Bengaluru, (IISc) and Prorigo Software Pvt. Ltd. jointly developed the ProrIISe Software. About the ProrIISe Software: The ProrIISe Software aims to automate the legal and bureaucratic part of the patent process. It will be helpful for registering intellectual property developed by Indian academicians. Significance: This software is… Continue reading “ProrIISe Software” to automate legal process for Intellectual Property

“International Intellectual Property Index” 2021 Released

What is the News? The International Intellectual Property Index,2021 has been released. About International Intellectual Property Index: It is an annual report that the US Chamber of Commerce Global Innovation Policy Centre(GIPC) releases. Aim: The aim of the index is to evaluate Intellectual Property rights in 53 global economies. These economies represent together over 90%… Continue reading “International Intellectual Property Index” 2021 Released

KAPILA campaign

What is the News? The Union Education Minister informed the Lok Sabha about the KAPILA campaign launched in October 2020. The campaign was launched on 89th birth anniversary of former President and Scientist Late Dr. APJ Abdul Kalam. Facts: KAPILA stands for Kalam Program for Intellectual Property Literacy and Awareness campaign. Nodal Ministry: Ministry of… Continue reading KAPILA campaign

GI Geographical Indications tag for Basmati Rice to Pakistan : a cause of concern for India?

Synopsis: Pakistan secures the Geographical Indications (GI) tag for its Basmati rice. Experts say it would in no way affect India’s Basmati exports. Introduction: Before partition in 1947, both India and Pakistan shared the Basmati rice-growing zone. After partition, Basmati rice became a joint heritage of India and Pakistan. What is the Geographical Indications (GI)… Continue reading GI Geographical Indications tag for Basmati Rice to Pakistan : a cause of concern for India?

Impact of Diluting disclosure requirement in Patent Rules, 2003

Synopsis: The dilution of patent working disclosure rules obstructs the success of India’s compulsory licensing regime.  Background   According to the new Patent Rules, 2020, licensees are no longer required to annually submit to the Patent Office disclosing the degree to which they have commercially worked or made the patented inventions available to the public in the country.  What… Continue reading Impact of Diluting disclosure requirement in Patent Rules, 2003

Sci-Hub case: How scientific publishing works?

Synopsis: The recent case of Sci-hub filed by 3 scientific publishers in Delhi HC has highlighted the issues in scientific publishing. To under these issues, first we need to understand, how scientific publishing works.   What is the  Sci-Hub case ?  Recently, three scientific publishers’ companies such as Elsevier, Wiley, and the American Chemical Society (ACS) have filed a… Continue reading Sci-Hub case: How scientific publishing works?

Himachal Pradesh wants GI status for five products

Source: Click Here News: Himachal Pradesh government is trying to obtain GIs (Geographical Indication) for five products from the state. Facts: The Five Products are: Karsog Kulth: Kulthi or Kulth (horse gram) is a legume grown as a kharif crop in Himachal Pradesh. Kulth grown in the Karsog area of Mandi district is believed to be particularly rich… Continue reading Himachal Pradesh wants GI status for five products

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