NOPR Collection:http://nopr.niscpr.res.in/handle/123456789/599702026-10-10T13:31:55Z2026-10-10T13:31:55ZRemoving the Roadblocks in Equitable Global Access to COVID-19 Vaccine through IPR WaiverDahiya, SaurabhSharma, ChanchalGoyal, Yachikahttp://nopr.niscpr.res.in/handle/123456789/599772022-06-29T11:12:21Z2022-05-01T00:00:00ZTitle: Removing the Roadblocks in Equitable Global Access to COVID-19 Vaccine through IPR Waiver
Authors: Dahiya, Saurabh; Sharma, Chanchal; Goyal, Yachika
Abstract: In October 2020, South Africa and India proposed a plan to protect developing nations' interests and ensure a seamless
supply of COVID-19 vaccinations. While rich countries have made rapid progress with their immunization programmes,
many poor and underdeveloped countries have been left behind to fend for themselves due to patent protection. With the
frightening rate at which COVID-19 cases have been emerging, the global population requires immediate and equitable
access to life-saving vaccines. In this paper a methodological systematic review of IPR waiver related journal papers and
newsletters published from 2019-2021 was performed. Search was conducted through significant scientific databases for
relevant publications for this systematic review. This paper discusses to waive IPR in the COVID-19 pandemic, which has
received both criticism and praise. Some opponents oppose the IPR waiver because it eliminates rewards for pharmaceutical
corporations' R & D efforts. Vaccine development necessitates specialized requirements which cost a lot of money. Along
with this, pharmaceutical corporations will be hesitant to take the lead in the future if a situation similar to COVID-19 arises.
However, those in favour believe that an IPR waiver can reduce the barriers to countries producing their own vaccines,
particularly for the lowest-income nations. Whether the reasoning is correct or incorrect, the timely & equitable distribution
of COVID-19 immunizations is critical to the abolition of this pandemic.
Page(s): 163-1702022-05-01T00:00:00ZProtection of Cuisine under Intellectual Property Law: A Global PerspectiveGhose, AnuttamaAli, S M Aamirhttp://nopr.niscpr.res.in/handle/123456789/599762022-06-29T11:10:14Z2022-05-01T00:00:00ZTitle: Protection of Cuisine under Intellectual Property Law: A Global Perspective
Authors: Ghose, Anuttama; Ali, S M Aamir
Abstract: We have observed for a very long time that, in various instances, food and recipes are considered the subject matter of
art. Different chefs and restaurants have received global recognition for their creativity and talent. Their creation forms an
integral part of intellectual assets, which are exploited commercially. Although in popular opinion, the culinary industry is
often considered a representation of derivative art, however, with the advancement of culinary techniques and creativity of
chefs across the world, various forms of intellectual property laws are claimed by these proprietors and stakeholders in order
to protect their unique creations from encroachment. Signature dishes and the unique ambiance of a restaurant are always
the subject matter of well-known controversies. In this article, the author makes an attempt to analyze various culinary
conflicts observed across the world and examines the various possibilities of protecting the artistic arrangement or plating of
their dishes under traditional as well as the non-traditional scope of intellectual property laws. The article discusses the
statutory and judicial pronouncements pertinent to this issue in the light of notable principles of Copyright, Trademark,
Trade Secret, and Patent laws, along with ramifications involved in safeguarding the same. The findings and suggestions
provided in this research, in the end, put forward the efficacy of confidential agreements and the requirement of strict
statutory provisions on trade secret laws to protect the unique creation of culinary industries.
Page(s): 171-1802022-05-01T00:00:00ZHow Can Lower-Income Countries Access COVID-19 Medicines Without Destroying the Patent System? The National Exhaustion SolutionEldakak, Ahmedhttp://nopr.niscpr.res.in/handle/123456789/599752022-06-29T11:08:02Z2022-05-01T00:00:00ZTitle: How Can Lower-Income Countries Access COVID-19 Medicines Without Destroying the Patent System? The National Exhaustion Solution
Authors: Eldakak, Ahmed
Abstract: Many scholars argued that improving access to medicine requires major amendments to the patent system, which is
structured according to the Agreement on Trade-Related Aspects of Intellectual Property Rights. This article argues that the
argument is not necessarily true. Amending Article 6 of the TRIPS Agreement to adopt a national exhaustion rule for
pharmaceutical patents would be sufficient to achieve a considerable improvement in access to medicine while simultaneously
strengthening patent protection. This proposal encourages the pharmaceutical industry to adopt a price discrimination policy
whereby Pharma would lower medicine prices in the lower-income countries. Accordingly, global access to new medicines
such as COVID-19 medicines could be increased as these countries have the majority of poor people. At the same time, Pharma
can continue to sell the same medicine in higher-income countries at higher prices, generating sufficient profits to incentivize
research and development.
Page(s): 181-1892022-05-01T00:00:00ZRegulatory Control on Medical Devices - A Case Study on Device Recalls by USFDAKamisetti, Raja Rajeswarihttp://nopr.niscpr.res.in/handle/123456789/599742022-06-29T11:06:09Z2022-05-01T00:00:00ZTitle: Regulatory Control on Medical Devices - A Case Study on Device Recalls by USFDA
Authors: Kamisetti, Raja Rajeswari
Abstract: The aim of the case study is to reflect on the FDA regulations on the Medical Devices, aspects of classifying the risk
caused by the devices and to study the process of recalls by the companies strategically followed by the regulatory authority.
Further, a case study was performed to identify the medical devices that were recalled in the year 2020, to investigate the
reason for the recall, the subsequent effects on the system and further actions to rectify the problems. The study emphasized
various reasons for the medical devices recalled during the year 2020. It warns the companies and users to follow the
conditions strictly during their manufacture and trials which would minimize the errors of the functioning of the medical
devices in the mere future. Also the study alerts the medical practitioners about the precautions and safe instructions to be
followed during the installation and utilization of the devices.
Page(s): 190-2012022-05-01T00:00:00Z