http://nopr.niscair.res.in/handle/123456789/4187 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/4195 Title: TRIPS, WTO and IPR - Debate on Evergreening of Patents and IPA 2005 <br/> <br/>Authors: Nair, M D <br/> <br/>Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by the 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue covers the debate on evergreening of patents and IPA 2005. <br/> <br/>Page(s): 258-259 http://nopr.niscair.res.in/handle/123456789/4194 Title: IP Case Law Developments <br/> <br/>Authors: Thomas, Zakir <br/> <br/>Abstract: This article attempts to summarize some of the recently reported cases on intellectual property law to enable readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, trademark law, copyright law and patent law are covered. <br/> <br/>Page(s): 247-257 http://nopr.niscair.res.in/handle/123456789/4193 Title: Diffusion of Climate Friendly Technologies: Can Compulsory Licensing Help? <br/> <br/>Authors: Nanda, Nitya <br/> <br/>Abstract: Countries often resort to compulsory licensing to promote diffusion of technologies, particularly when intellectual property rights (IPR) holder is considered to have abused its dominant position. However, use of this instrument is often difficult due to legal, political and operational problems. In this context, this paper reviews global regimes as well as national regimes in major jurisdictions, governing use of compulsory licensing. It also examines functional requirements and market conditions for compulsory licensing to work. Based on these, it concludes that the global IPR regime under the WTO needs a mechanism similar to that has been developed for pharmaceutical products, and a more flexible regime even in that, as most countries do not have domestic manufacturing capabilities, if compulsory licensing has to work for the diffusion of climate friendly technologies. However, even such a flexible mechanism may not be adequately effective due to highly concentrated market structure of these technologies, particularly in developing countries. <br/> <br/>Page(s): 241-246 http://nopr.niscair.res.in/handle/123456789/4192 Title: Generic Drug Industry in India: The Counterfeit Spin <br/> <br/>Authors: Shukla, Nitin; Sangal, Tanushree <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region" downloadurl="http://www.5iantlavalamp.com/"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place" downloadurl="http://www.5iantlavalamp.com/"> Generic drugs are marketed after the expiry of patent or marketing rights of the patented drug and are available at an affordable price. The generic drugs are also approved by the respective controlling authority of a country as innovative drugs with regard to efficacy, bioavailability, etc. However, recently World Health Organization (WHO) provided a definition for ‘counterfeit drugs’ which covered generic drugs under its warp. Considering the representation from India and other South East Asian nations, WHO has put defining counterfeit drugs on hold, while agreeing to modify the same in their favour. This paper analyses various aspects of generic and counterfeit drugs and the likely impact of the WHO definition on the Indian pharmaceutical industry. It also critically evaluates recent seizures of shipments of generic drugs by EU under a WTO TRIPS regime based on the premise of free trade. </smarttagtype></smarttagtype> <br/> <br/>Page(s): 236-240