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Protecting IPR regime will bring new medicines

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       Ranjana Smetacek | Updated: Aug 13, 2015 02:09 IST

It is short-sighted to view patents as blocking access to life-saving drugs, or to see patented medicines and generic drugs as mutually exclusive. The latter exist because someone invested in research and innovation to invent the former. A robust intellectual property rights (IPR) framework promotes the development of new medicines and encourages investment in innovation.

Innovative medicines offer great hope to patients, but developing new treatments and cures is a long, costly, and complex process. Life-saving drugs are necessary for combating life-threatening diseases, but patients also need new drugs and solutions for changing disease profiles. There are still huge unmet medical needs and therapeutic areas that need to be addressed with innovation-driven cures. We need to continue research in cancer, diabetes and mental illnesses. Parkinson’s, Alzheimer’s and dengue still have no cure.

Clearly, there must be access to medicines for everybody but, equally, if there isn’t a return on investment, how will innovators justify investing in new medicines? India needs to ensure a favourable policy environment that supports continued research and development of new medicines through a system of patents.

Protecting intellectual property will help bring new solutions for rare diseases and new medicines, to save and improve lives.

While we must improve access to healthcare for Indian patients, we should understand what this access means. An IMS study finds that access starts with the proximity, quality and functionality of healthcare infrastructure. Accurate diagnosis is often more important than the price of medicine.

More than affordability, another barrier to access is the inability to pay out-of-pocket and the lack of insurance cover. To improve access, we need sustainable policy solutions to support healthcare financing, infrastructure and human resource challenges.

Certainly, a weakened IP environment or Compulsory Licences (CLs) cannot address India’s healthcare problems. Under Trade-Related Aspects of Intellectual Property Rights (TRIPs), CLs are used in exceptional circumstances, and as a last resort. Under Section 92 of the Indian Patents Act, CLs come into play in situations such as national emergency and public health crises. Used arbitrarily, CLs will serve to undermine the innovative pharmaceutical industry, to the long-term detriment of the patient.

We need a different dialogue on the subject of making life-saving drugs affordable in India. There is no question that everybody should have access to all medicines. Where patented products are largely beyond the reach of Indian patients, companies have robust programmes to make them available for free or for a fraction of their price. Multinational companies are considering differentiated pricing schemes for developing countries. Today, patients are living longer and healthier lives, thanks to innovative medicines from research-based companies. In many cases, these medicines are their only chance for survival.

Ranjana Smetacek is director general, Organisation of Pharmaceutical Producers of India. The views expressed are personal.

 

Source: http://www.hindustantimes.com/analysis/a-prescription-for-india-s-medical-problems/article1-1379460.aspx

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Need to strike 'careful balance' in IPR related cases: Competition Commission of India

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By PTI | 7 Aug, 2015, 04.32PM IST

NEW DELHI: As it probes cases related to intellectual property rights (IPR), CCI chairman Ashok Chawla today said its intervention in such matters would be "cautious and balanced" to ensure that incentive for innovation is not undermined.

"When intervening in IPR related markets, it is important to strike a careful balance so as not to undermine incentives to innovate," Chawla said.

The Competition Commission of India's (CCI) chairman also emphasised that its intervention wo ..

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PU puts in place IPR policy

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Priyanka Kachhava Priyanka Kachhava,TNN | Jul 30, 2015, 02.28 PM IST

CHANDIGARH: After the Panjab University (PU) syndicate approved its intellectual property rights (IPR) policy, the university has become the first institution in the region to have such a policy in place. The document is expected to serve as a model for other universities and institutions in the region.

 Punjab State Council for Science and Technology (PSCST), which was also involved in drafting the policy, is set to propose the PU-IPR policy as a model document for all institutions in Punjab and Chandigarh. "All institutions have an IPR cell, but there is no certain IPR policy document in place to guide and serve as a reference in general, or in case of a conflict. This document can serve as a reference point, while institutions develop their own respective policies," said Neelima Jerath, executive director of PSCST.

 While PU's Centre for Industry-Institute Partnership Programme (CIIPP) has drafted the policy, it will be controlled by the university's IPR cell. The CIIPP will also provide an assistance of up to Rs50,000 to persons applying for a patent, allowing two patents per faculty per year. For the same, the university will seek the services of the Patent Information Centre (PIC) at PSCST. PU will assist inventors in acquiring the IPR and protecting the same. If a patent is filed through PIC, all charges are borne by Technology Information, Forecasting and Assessment Council (TIFAC). The agency also maintains the patent for a period of 10 years, on the condition that inventors make sincere efforts to commercialize the invention…

Read more at Source: http://timesofindia.indiatimes.com/city/chandigarh/PU-puts-in-place-IPR-policy/articleshow/48280410.cms?

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No Deal Overall, But TPP Ministers Agreed Some IPR Issues In Hawaii, US Says

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01/08/2015 by WilliamNew, Intellectual Property Watch

While the ministers of the 12 countries negotiating the Trans-Pacific Partnership (TPP) acknowledged they are still far apart on certain issues such as dairy, there were some areas of agreement in this week’s negotiation in Hawaii, they said. Some of them appear to have been related to intellectual property rights, with particular mention of geographical indications.

In answer to a question at the closing press conference on what was agreed since the start of the week, United States Trade Representative Michael Froman said an example would be intellectual property rights, specifically geographical indications. He gave no further details.

GIs have been an area of significant debate globally, as Europe and some other regions generally use a different system of protection for such products than countries that tend to use trademarks for this purpose…

Read more at Source: http://www.ip-watch.org/2015/08/01/no-deal-overall-but-tpp-ministers-agreed-some-ipr-issues-in-hawaii-us-says/

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Swipe To Patent: Design Patents In The Age Of User Interfaces

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by Beth Ferrill, Lauren Dreyer, Erik Dreyer, John Sanchez

User experience and user-interface design is an emerging field in the technology industry, even more so in the legal world of patents. (Sometimes this field is known by the shorthand UX/UI.) It might surprise you to know that the fastest growing segment of design patent filings is in the UX/UI space.

In the past, companies that manufactured a physical object, like a sneaker, often protected their designs with design patents. For a company like Nike, design-patent protection is important to preventing competitors from copying their shoe designs. But, the same is true for companies invested in UX/UI.

The surge in UX/UI design has created iconic features that cause consumers to immediately associate a design with a particular brand. From cell phones to remote controls, gaming devices to virtual reality headsets, modern products are carefully designed with the user in mind…

Read more at Source: http://techcrunch.com/2015/08/03/swipe-to-patent-design-patents-in-the-age-of-user-interfaces/

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Airbus Patented a Jet Capable of Flying 4 Times the Speed of Sound

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Jack Linshi @jacklinshi   4:54 PM ET

Airbus has won a patent for an “ultra-rapid air vehicle” that the aircraft maker says could travel over four times the speed of sound, according to the U.S. Patent and Trademark Office.

The patent, which was approved last month, details a hypersonic jet twice as fast as the Concorde, a supersonic jet that had previously been in commercial service. The Concorde, which was developed partly by a company now owned by Airbus, was capable of flying at about 1,300 mph (2,100 km/h), or twice the speed of sound — a feat the new invention can beat with new turbojets and a hydrogen power system, according to the patent.

Read more at Source: http://time.com/3982901/airbus-patent-supersonic-jet/

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IPAB sets aside order denying trademark to Rasi Seeds

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Trademark application was for its word mark 'Breeding Excellence'

BS Reporter  |  Chennai  August 2, 2015 Last Updated at 17:00 IST

The Intellectual Property Appellate Board (IPAB) has set aside an order of the Trade Mark authority for a trade mark application filed by Rasi Seeds Pvt Ltd for its word mark "Breeding Excellence".
Issuing an order on an appeal filed by Rasi Seeds, the board said that the order of Assistant Registrar of Trade Mark was not a speaking order.

The order was issued in an appeal filed by Rasi Seeds against an order passed by the Assistant Registrar of Trade Mark in December, 2014, refusing its application for the registration of the trade mark for the word mark "Breeding Excellence".

Read more at source: http://www.business-standard.com/article/companies/ipab-sets-aside-order-denying-trademark-to-rasi-seeds-115080200450_1.html

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Settlement With Bata Reached Over Trademark: Relaxo

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Press Trust of India | Last Updated: August 01, 2015 17:21 (IST)

New Delhi: Relaxo Footwears on Saturday said it has reached a settlement with competitor Bata India over the use of trademark 'SPARX' in favour of Relaxo Footwears.

"The company has executed a deed of settlement with Bata India for assignment of trademark 'SPARX' in favour of Relaxo Footwears Ltd," Relaxo Footwears said in a filing to the BSE.

"Both companies have agreed to file necessary consent terms before the Hon'ble Delhi High Court in due course, for withdrawal/settlement of all pending litigations filed by/against Bata India Ltd and the company," it added.

Relaxo Footwears said the benefit on account of this assignment of trademark along with saving in cost of litigation is considered to be materially beneficial to the company in the long term.

In 2009, Bata dragged Relaxo Footwear before the Delhi High Court alleging infringement of one of its popular brand Sparx.

Source: http://profit.ndtv.com/news/corporates/article-settlement-with-bata-reached-over-trademark-relaxo-1202826

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Microsoft beats Google in patent case appeal

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By Blair Hanley Frank

IDG News Service | Aug 2, 2015 4:02 PM PT

A federal appeals court has handed Microsoft a win against Google in a long-running lawsuit over patent licensing that was originally filed against Motorola in 2010.

A panel of three judges from the 9th Circuit Court of Appeals in San Francisco upheld a lower court ruling that set a licensing rate for some patents owned by Motorola that was significantly lower than the company had originally asked for.

The dispute began after Motorola sent a letter to Microsoft asking it to pay as much as $4 billion per year to license patents relating to the 802.11 standard that underpins Wi-Fi and the H.264 video encoding standard. Since then, Google purchased Motorola Mobility and its patent portfolio, including the patents at issue in this case. It then sold Motorola Mobility to Lenovo while retaining ownership of the patents.

Read more at source: http://www.computerworld.com/article/2955773/it-industry/microsoft-bests-google-in-patent-case-appeal.html

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India foils UK dermaceutical company's bid to patent ayurvedic mix for hair loss

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By PTI | 2 Aug, 2015, 11.26PM IST

NEW DELHI: India has once again successfully foiled an attempt by a major European major dermaceutical company to take patent on a medicinal composition containing turmeric, pine bark and green tea for treating hair loss.

"India once again has been successful in protecting its traditional knowledge by preventing an attempt made by Europe's leading dermaceutical laboratory -- Pangaea Laboratories Limited, to take patent on a medicinal composition containing turmeric, pine bark and green  tea for treating hair loss," an official statement issued by the Ministry of Science and Technology said.

Read more at source: http://economictimes.indiatimes.com/articleshow/48321089.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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