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India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India’s largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.
In today's global business environment, knowledge of the intellectual property laws of the Asian countries & the manner in which they are administered is essential. This work will help you determine where, when, & how to establish & exercise rights to intellectual property in eight of the most important Asian countries.
Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
The book is a comprehensive work on the law relating to intellectual property. It brings out point of views on point of law and as well point of facts and circumstances. It highlights judiciously the judicial, political, legal, economical and philosophical point of views on the various issues pertinent to the varied fields of intellectual property law. Besides, the book carries analysis and presentation from the comparative perspective in particular from the perspectives of USA, Europe, UK and India. The book is a good addition to the literature on Law especially on Intellectual Property Rights. The book is useful for students, academicians, and scholars from different disciplines including Law, Science, and Engineering, Humanities, Arts, Literature, Drama, Music and many other fields. The book is also useful for people working in the corporate world. Besides the book is very informative and knowledge generator to the readers.
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Intellectual property (IP), which consists of works produced by human thought, is a rapidly expanding industry because of the crucial role it plays in a country's economic growth. Intellectual property (IP) has been recognized as a crucial part of the business sector in the twenty-first century since it may determine a company's success or failure. The same holds true for the fields of academics, agriculture, geographical indicators, and traditional knowledge, all of which rely heavily on intellectual property to advance their respective fields. Intellectual property not only improves a company's or person's reputation but also aids in solving social problems and can generate substantial profits. It's no secret that in the modern business paradigm, ideas and expertise are worth their weight in gold. The value of cutting-edge technologies and pharmaceutical breakthroughs stems mostly from the time and effort spent on their development and testing. Products like movies, albums, books, programs, and online services are often purchased for their content rather than their physical construction materials like plastic, metal, or paper. The value of many things that were formerly considered low-tech commodities, such as branded apparel or novel plant kinds, is now largely attributable to innovation and design. Therefore, authors have the legal right to forbid others from making use of their works. Intellectual property rights are the umbrella term for these protections.
This book explores the relationship between intellectual property law and competition law, proposing a harmonious equilibrium in the dynamic landscape of evolving technology. It explores how intellectual property rights (IPR) can be effectively balanced with competition law considerations, offering insights into navigating the evolving intersection of legal frameworks in the realm of technology and innovation. In the rapidly evolving landscape of India's legal framework, the intersection of IPR and competition law has become a critical focal point. This book dissects the regulatory landscape, offering a thorough analysis of India's competition law and its application in conjunction with patent, copyright, trademark, blockchain technologies, computer software, artificial intelligence, and more. Covering landmark legal decisions, precedents, and emerging trends that shape the balance between fostering innovation and preventing anticompetitive practices, the book also uses case studies involving WhatsApp Vs. CCI and Vidya Drolia case. Focusing on India, but with lessons for a global audience, the book brings together contributions from experts across disciplines, to promote innovative solutions to balancing IP and competition law with technological advancements. The book will be of interest to researchers in the field of the law of emerging technologies, IP law, and competition law.
In India, the use of works produced by the human mind is subject to legal restrictions known as intellectual property rights. These rights have just recently begun to be recognized and protected. Industrial property includes things like patents, designs, and trademarks. One's rights as the author of a piece of literature or inventor of a technological advance in the industry include, among other things, the right to the exclusive use of one's work and the right to profit from one's innovation. A person's Intellectual Property Rights include all the legal protections that come into being as a result of that person's original creative work. Industrial property includes things like patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the suppression of unfair competition; when copyrights, Geographical indicators, layout Designs, and confidential information were added to industrial property, they all became intellectual property in accordance with the International Convention for the Protection of Industrial Property (Paris Convention).