article thumbnail

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. Why must an owner of IP license it?

article thumbnail

Understanding Compulsory Licensing and Access to Essentials

Kashishipr

There is a constant debate of balancing the monopolistic rights against the right of public access to essential commodities like pharmaceuticals and medical products. This is where the concept of compulsory licensing gains popular attention. What is Compulsory Licensing? Reasons for Granting Compulsory License.

Licensing 105
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. In exchange for the funding agreement, contractors must disclose any invention conceived or reduced to practice under the funding agreement to the funding agency.

article thumbnail

Intellectual Property Rights and Federally Funded Research

LexBlog IP

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

article thumbnail

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.

article thumbnail

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. 92, 96 (1876) (“A patent for an invention is as much property as a patent for land. See Jim Olive Photography, d/b/a Photolive, Inc., 2d 480 (Fed.

article thumbnail

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Legislation Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust Litigation. Post-Grant Challenges at the PTAB. Conclusion.