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8 results on '"PATENT law"'

2. Twenty years after Doha: An analysis of the use of the TRIPS Agreement's public health flexibilities in India

Author

Abbas, Muhammad Zaheer

Subjects
Doha Declaration on the TRIPS Agreement and Public Health, Pandemic, TRIPS Agreement, Access to Medicines, COVID-19, India, Flexibilities, World Trade Organization (WTO), Subject Matter Exclusions, Compulsory Licenses, Intellectual Property, Patent Law, TRIPS, TRIPS Flexibilities, Health, ddc:300, Patent, Public Health, Inventive Step
Abstract

The World Trade Organization (WTO) linked intellectual property protection with trade. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), however, included a number of public health flexibilities in order to provide latitude to the Member States to tailor their national patent laws to fit their individual needs. In 2001, the Doha Declaration further clarified and reaffirmed the existing TRIPS flexibilities. This paper argues that India has taken the lead role in enacting the TRIPS Agreement's substantive and procedural patent flexibilities by introducing unique legislative measures to deal with the problem of access to medicines. This article evaluates India's use of section 3(d) as a subject matter exclusivity provision. It examines constitutional validity and TRIPS compliance of section 3(d). It also evaluates India's use of the flexibility to define the term "inventive step". Moreover, this article evaluates India's use of compulsory licensing, the most notable exception to patent rights provided under the TRIPS Agreement. This empirical study is important in the context of the COVID-19 pandemic, which has once again highlighted the same public health issues that the Doha Declaration sought to address twenty years ago.

Published
2022

3. OncoQuest Receives 'Notice of Allowance' for Patent Protection of the Administration Schedule of Oregovomab and Chemotherapy for Stage III-IV Ovarian Cancer Patients

Subjects
Oregovomab, Women's health, Cancer prevention, Chemotherapy, Carboplatin -- Intellectual property, Cancer patients, Biological products -- Intellectual property, Ovarian cancer, Patent law, Medical supplies, Cancer treatment, Trademarks, Antibodies, Immunotherapy, Editors, Health, Women's issues/gender studies
Abstract

2019 OCT 10 (NewsRx) -- By a News Reporter-Staff News Editor at Women's Health Weekly -- OncoQuest Inc., a privately held, cancer immunotherapy company announced that a Notice of Allowance [...]

Published
2019

4. CRISPR gene editing may halt progression of triple-negative breast cancer

Subjects
Sex hormones, Genetic research, Cancer genetics -- Development and progression, Women's health, Genes, Breast cancer -- Development and progression, Mortality, Estrogens, Cancer research, Anopheles, Phenols (Class of compounds), Tumors, Progesterone, Editors, Patent law, Children, Health, Women's issues/gender studies, Children's Hospital (Boston, Massachusetts)
Abstract

2019 SEP 12 (NewsRx) -- By a News Reporter-Staff News Editor at Women's Health Weekly -- A tumor-targeted CRISPR gene editing system, encapsulated in a nanogel and injected into the [...]

Published
2019

5. Trump administration sues drugmaker Gilead Sciences over patent on Truvada for HIV prevention

Author

Rowland, Christopher

Subjects
HIV, Patent infringement, Sexually transmitted disease prevention, Biological products industry, Pharmaceutical industry, Medical research, Health, Social services, Patent law, General interest, News, opinion and commentary
Abstract

Byline: Christopher Rowland The Trump administration took the rare step Wednesday of filing a patent infringement lawsuit against pharmaceutical manufacturer Gilead Sciences over sales of Truvada for HIV prevention, a [...]

Published
2019

6. Are patents for methods of medical treatment contrary to the ordre public and morality or 'generally inconvenient'?

Author

Mitnovetski, O. and Nicol, D.

Subjects
Medical equipment -- Intellectual property, Physiological apparatus -- Intellectual property, Drugs -- Intellectual property, Patent law, Health, Philosophy and religion
Abstract

'No one has advanced a just and logical reason why reward for service to the public should be extended to the inventor of a mechanical toy and denied to the genius whose patience, foresight, and effort have given a valuable new [discovery] to mankind' (Katopis CJ. Patents v patents: policy implications of recent patent legislation. St John's Law Review 1997;71:329). The law around the world permits the granting of patents for drugs, medical devices, and cosmetic treatment of the human body. At the same time, patentability for a method of treatment of the same body is denied in some countries on various public policy grounds. Is there any logical justification for this distinction? Are methods of medical treatment not as vital to the health or even to the life of a patient as drugs or medical devices? Why is a cosmetic result patentable and a curative result not?

Published
2004

7. USA patent protection granted for new technology diagnosing cancer

Subjects
Cancer screening, Cancer, Cancer prevention, Women's health, Patents, Patent law, Patent/copyright issue, Health, Women's issues/gender studies, Aarhus University -- Innovations -- Intellectual property
Abstract

By a News Reporter-Staff News Editor at Women's Health Weekly -- A new diagnostic technology may significantly improve early detection and treatment of cancer and other diseases. Via a simple [...]

Published
2015

8. Biotechnology industry organization

Subjects
Patent law, Biotechnology, Biotechnology industry -- Intellectual property, Health, Biotechnology Industry Organization
Abstract

* By providing international patent assistance to small biotechs, the U.S. government could indirectly increase funding for R&D, according to the Biotechnology Industry Organization (BIO). The complexity of patent laws [...]

Published
2011

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