Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, ...
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The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.Less
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.
Amy L. Landers
- Published in print:
- 2021
- Published Online:
- December 2021
- ISBN:
- 9780198846413
- eISBN:
- 9780191881572
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198846413.003.0011
- Subject:
- Computer Science, Human-Computer Interaction, Systems Analysis and Design
Although many assistive devices are created in advanced economies, the developing world has been responsible for numerous creative solutions. Despite this, according to the World Intellectual ...
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Although many assistive devices are created in advanced economies, the developing world has been responsible for numerous creative solutions. Despite this, according to the World Intellectual Property Organization (WIPO), the clear majority of patenting activity in this field occurs in developed countries. Developing countries, which generate comparatively few issued patents, engage in significant innovation using forms of creativity that are not rewarded under the Global North’s patent standards. Developing nations can respond to this circumstance through a number of mechanisms. One is to modify the existing patentability standards to capture more types of creative endeavors. Such an approach should be considered thoughtfully, as the patent system has the potential for both positive and negative consequences for developing nations. Alternatively, nations can adopt other forms of incentives (such as grants or other rewards) to encourage the development of new assistive technologies for their domestic creators.Less
Although many assistive devices are created in advanced economies, the developing world has been responsible for numerous creative solutions. Despite this, according to the World Intellectual Property Organization (WIPO), the clear majority of patenting activity in this field occurs in developed countries. Developing countries, which generate comparatively few issued patents, engage in significant innovation using forms of creativity that are not rewarded under the Global North’s patent standards. Developing nations can respond to this circumstance through a number of mechanisms. One is to modify the existing patentability standards to capture more types of creative endeavors. Such an approach should be considered thoughtfully, as the patent system has the potential for both positive and negative consequences for developing nations. Alternatively, nations can adopt other forms of incentives (such as grants or other rewards) to encourage the development of new assistive technologies for their domestic creators.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while ...
More
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.Less
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.
