Posts Tagged: TRIPS


Delhi High Court Ruling Clarifies Requirements for Export Under India’s Bolar Exemption

In 2002, India’s Patent Act 1970 [“the Act”] was amended to include Section 107A. This provision says that any act of making, using, selling or importing a patented …
By Vasundhara Majithia
5 months ago 0

India’s Patent Law is No Model for the United States: Say No to No Combination Drug Patents Act

The United States is on the brink of making changes to the U.S. patent law that would be modeled on India’s Patent Law. At a …

The Future of Patents on Genetically Modified Organisms in India

Earlier this year, the Supreme Court of India set aside an order of the division bench of the Delhi High Court that revoked a patent granted on …
By Anmol Jain
7 months ago 2

Some Progress in the International Effort to Harmonize Trade Secret Protection

In 1994, the United States was winding up the Uruguay Round of trade negotiations leading to the establishment of the World Trade Organization (WTO). Tucked in among the …
By James Pooley
8 months ago 5

INTA Brief to WTO Revives Plain Packaging Debate

Australia’s Tobacco Plain Packaging Act (TPPA) was enacted in 2011 and prohibits all use of trademarks (other than word marks) on tobacco product packaging. The law seemingly …
By Eileen McDermott
11 months ago 6

Innovators and Content Creators Urge USTR Lighthizer to Fight for Strong IP in NAFTA Negotiations

ACTION for Trade asks Lighthizer to consider advocating for strong IP protections and robust enforcement to benefit a diverse group of industries, including digital content producers and …
By Steve Brachmann
2 years ago 0

Brazilian PTO Considers Automatically Granting 231,000 Patents to Get Rid of Backlog

The Brazilian Government is considering the adoption of an emergency measure to eliminate the Patent Office chronic backlog problem by automatically granting, without examination, 230,000 pending applications until 2020. …

Trump Administration to open probe into deceptive intellectual property policy in China

Plans are being made by the Trump administration to open a probe into deceptive Chinese trade practices by invoking Section 301 of the Trade Act of 1974... Where joint …
By Steve Brachmann
2 years ago 2

Big Pharma, Generics and Trade Related Aspects of Intellectual Property Rights (TRIPS)

Generic drug manufacturers can pose major financial threats to those companies that invent and develop the copied drugs both domestically and internationally... Before TRIPS, most of the …
By Angélique McCall
3 years ago 0

What happens when lifestyle drugs like Viagra and Cialis lose patent protections?

Each year, millions of men rely on pharmaceuticals like Viagra and Cialis for their erectile dysfunction (ED), but they may not be the only ones facing dysfunctionalities. …
By Angélique McCall
3 years ago 19

Recent study on lost copyright royalties may reopen WTO case on Section 110 exemptions in U.S.

A recent report from French consulting firm PMP Conseil made waves in the media for indicating that public performance exemptions in U.S. copyright law, such as …
By Steve Brachmann
3 years ago 0

Estimating the Costs for Filing, Registering, and Renewing Single-class Trademarks across the Globe

Estimates for renewing the trademark for one term (including the attorney costs) in the U.S. and the other seven Convention countries vary from $320 in Thailand to $2,120 …

Brand Owners Watch as Smoke Clears on Plain Packaging Efforts

The major premise of plain packaging is that when stripped of producers’ logos, brand images and promotional matter, tobacco products simply aren’t as attractive to consumers. …
By Brian Focarino
3 years ago 2

Stabilization and Association Agreement and its Impact on the Protection of IP Rights in Kosovo

After several years of negotiations between the Kosovo government and the European Commission, the Stabilization and Association Agreement (SAA) entered into force on April 1, 2016. The entry into …
By Kujtesa Nezaj-Shehu
4 years ago 0

A NAFTA Challenge to Canada’s Patent Utility Doctrine is Necessary

Canada is not the first country that comes to mind as a threat to U.S. trade. After all, Canada is our largest goods trading partner, with $632 …
By John McDermid
5 years ago 17