http://nopr.niscpr.res.in/handle/123456789/58370 2026-10-10T21:25:36Z 2026-10-10T21:25:36Z Manchikanti, Padmavati Dias, Michelle http://nopr.niscpr.res.in/handle/123456789/58376 2021-11-01T10:18:20Z 2021-07-01T00:00:00Z

Title: Pandemic, Patents and Public Health Authors: Manchikanti, Padmavati; Dias, Michelle Abstract: The COVID-19 pandemic has compelled a relook at public healthcare and the patent systems. It has brought to halt livelihoods with devastating consequences to people’s lives national economies. Global health security is at stake as there is a need to develop and deploy more vaccines, repurpose medicines and increase medical infrastructure support. Collaboration and collective response is imperative at international and national levels. IPR access is crucial in relation to public health. Many countries have issued new policies and enacted laws to make it easier for them to supply medicines to their population during the pandemic. Compulsory licensing has been used as an important mechanism to open up IP without the permission of patent holders. The present study analyses amendments to patent law and IP legislations that are effected from a cross country perspective during the pandemic time. It also examines international cooperation in the context of public health and IP under the TRIPS Agreement in view of the on-going consultation at the WTO. The study reveals differences in approaches to ‘governmental use’ of patents and access to know-how under the statutory framework. Improving the scope of use of products and process patents, suspension of patent term extension, consolidating the compulsory licensing mechanism, removal of inequity are the predominant aspects that are part of the amendments to patent law in the countries. Pandemics like COVID-19 need legislative initiatives to secure healthcare system access for all citizens. Healthcare access includes ready availability of basic vaccines, drugs, medical devices and medical infrastructure. There is often a clash between access to healthcare as a fundamental right on one hand and the need to award monopolies in the form of IP rights as an incentive for innovations from the pharmaceutical industry on the other. Hence, obstacles arise in decision-making to balance innovation incentives and ensuring rights to access healthcare. Judicial decision-making and public policy-making have been always at the centre stage in earlier epidemics and now in the current pandemic making it imperative for countries to protect the health interests of their citizens. Page(s): 187-198

2021-07-01T00:00:00Z Bhardwaj, Mamta Sandhu, Amandeep Ghumman, Navkiran http://nopr.niscpr.res.in/handle/123456789/58375 2021-11-01T10:14:22Z 2021-07-01T00:00:00Z

Title: Patents Commercialization Profile of Universities and Higher Education Institutes in India Authors: Bhardwaj, Mamta; Sandhu, Amandeep; Ghumman, Navkiran Abstract: Innovation is the key ingredient that drives the economic growth of the nation. Globalization has diminished barriers thereby, delivering a larger market area for these innovations. Countries like USA, China, South Korea, Japan, etc. have acknowledged this fact and are thriving through consistent innovation. They have a dynamic ecosystem that supports and encourages commercialization worthy research and development (R&D) through healthy engagements among the various stakeholders. Higher Education Institutes (HEIs), a vital component of this ecosystem, offer themselves as a cradle of fundamental research and a powerhouse of potential innovations. Countries like USA have banked heavily on their HEIs, such as, Stanford and Harvard, building a sustainable framework around them. Indian HEIs, which have long been in the practice of publication of their technological advancements, are also making the transition towards the patenting system. Although the IP movement at most HEIs in India is still in nascent stages, roots have already been formed at a few select institutes.This paper attempts to provide an overview of Indian HEIs leading in patents granted and their commercialisation status, based on the “Statements of Working filed” on Form-27 at the Indian Patent Office (IPO). Page(s): 199-207

2021-07-01T00:00:00Z Singh, Kaustubh Chowdhury, Anindya Roy Hanumanthu, Purushotham http://nopr.niscpr.res.in/handle/123456789/58374 2021-11-01T10:06:43Z 2021-07-01T00:00:00Z

Title: Patenting Trends in Global Healthcare Start-ups Authors: Singh, Kaustubh; Chowdhury, Anindya Roy; Hanumanthu, Purushotham Abstract: Start-up companies represent a powerful engine of the innovation process. The current study aims to establish a better understanding of the Start-up ecosystem in providing innovative healthcare solutions through the lens of intellectual property and relate it to policy gaps for supporting the Start-up ecosystem in India. This study found that about 397 healthcare Start-up companies have been established after 1 January 2010. The Questel Orbit database was used to conduct a patent search for the patents filed by these Start-ups from 1 January 2010 to 1 May 2020. A total of 3527 patents were retrieved and analyzed thoroughly to generate insights on the year-wise patent filing trend, geographical patent filing density, top aggressive patent filers, sector-wise filing density and a glimpse ofthe patent filing culture of healthcare Startups in India. The result shows that major filing has been done in the field of pharmaceuticals and biotechnology; and major healthcare market is the USA. Despite the Start-up culture being relatively new in India, the country’s healthcare Start-ups are among the top 10 patent filers globally. It is observed that Verily Life Sciences is the top healthcare patent filer globally and SigTuple is the top patent filer from India. Page(s): 208-212

2021-07-01T00:00:00Z Dhuru, Neha D http://nopr.niscpr.res.in/handle/123456789/58373 2021-11-10T08:50:18Z 2021-07-01T00:00:00Z

Title: Genericide, A Quintessential Outcome of Ignoring Passing off or Infringement of Geographical Indications Authors: Dhuru, Neha D Abstract: The theme of this paper is Genericide of Geographical Indications. It traces the historical foundation for evolution of Geographical Indications as an Intellectual Property. It reflects on the concept of ‘property’ and ‘intellectual property’ as elucidated by Salmond in his legal classic on Jurisprudence and by the Hon’ble Supreme Court of India. The role of TRIPS in catalysing the enactment of a ‘sui generis’ legislation on Geographical Indications in India i.e., The Geographical Indication of Goods (Registration and Protection) Act, 1999. It discusses a field trip undertaken by the writer to understand the GI potential of a specific variety of rice cereal ‘Zinnia 31’ (Wada Kolam). Page(s): 213-219

2021-07-01T00:00:00Z