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Journey Through “Decembers” on SpicyIP (2005 – Present)

SpicyIP

We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc. Did you miss anything? Don’t worry.

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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. To be clear, the life saving drugs in question- bedaquiline and delamanid, are scarce, expensive and patented till 2023.

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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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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

SpicyIP

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country. Union of India where the Delhi High Court observed the delay in patent prosecution owing to both the applicants as well as the opponents.)

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

SpicyIP

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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