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Compulsory licensing for expensive medicines: KCE report

SpicyIP

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. Ordinarily, patentees voluntarily decide whether or not and on what conditions to grant licenses to third parties. Failing which, a compulsory license can be issued. Natco Pharma Ltd.

Licensing 119
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Ensuring Access to TB drugs: Is Compulsory License the Way?

SpicyIP

Ensuring Access to TB drugs: Is Compulsory License the Way? This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. Use of patent law levers to ensure accessibility to medicines. By Rahul Bajaj and Praharsh Gour. image from here.

Licensing 134
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Covenant to not sue “at any time” terminated with the license agreement

Patently-O

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

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Informal innovation: The re-emergence of ‘informal’ washing machines

SpicyIP

India’s National Innovation Foundation and Honeybee Network recognized her innovation which was later featured in several prominent media outlets – Outlook magazine in 2005 followed by a Discovery Channel feature and an NDTV story. Like Sawhney, Remya received an award from India’s then-President, Abdul Kalam.

Marketing 126
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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

SpicyIP

Civil society organizations, academics, and intellectual property and public health experts dedicated to addressing pharmaceutical monopolies are among those voicing apprehensions about the potential impact of these proposed rules on essential safeguards within India’s patent system.

Patent 98
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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing.

Patent 72