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Workshop on Patentability: Ever Greening and Compulsory Licensing in Indian Context and Global Threats

P.G. Department of Intellectual Property Rights, The Tamil Nadu Dr. Ambedkar Law University, Chennai is pleased to organize a UGC Sponsored one day National level Workshop on Patentability: Ever greening and Compulsory Licensing in Indian Context and Global threats in celebration of World Intellectual Property Day.

Date: 26th April, 2014
Venue: P.G. and R.D. Block, The Tamil Nadu Dr. Ambedkar Law University, Chennai

Recent decisions on patentability in Novartis case by the High court of Madras and the Apex court as well as the decision on compulsory licensing by the Controller General and Intellectual Property Appellate Board (IPAB) in Nexavar case are looked at in awe as well as in dismay. Indian public and developing countries are awed, whereas the patent holders are in dismay. Consequentially, threats and veiled attacks are mounted on the Indian Patent system. US Chamber of Commerce is impressing upon the US Trade Representative (USTR) to classify India as a "Priority Foreign Country" - a tag that is generally given to the worst intellectual property offenders.

On the other hand, Countries like South Africa, Brazil, and Argentina and even China are closely monitoring the assertion made by India in applying the flexibilities available with in the framework of Agreement on Trade Related aspect of Intellectual Property Rights (TRIPS). Though the verdict given by the Supreme Court of India, in Novartis case, clarifies that it does not mean a blanket ban on incremental inventions, the pharma industry expresses their concerns on the possible adverse impacts on direct investments, research and developmental activities in India. The order on the NEXAVAR by the Controller General was agitated before the IPAB in vain and now it lies before the Bombay High Court.

It means that in both Novartis and Nexavar cases India has, on its part, fairly offered the due process of law to the patent holders. Any grievances in Indian IP system must only be tested on the anvil of compliance of TRIPS and in case of any deviant behaviour, it shall be taken up with Dispute Settlement Board and WTO and not by any other means of threats and pressurising techniques. India, on her part without any doubt, stresses due importance to strong IP regime, however, she focuses her attention not to loose sight of balancing the rights of the private and public interests.

Themes:

  • Patentability Criteria
  • Evergreening of Patents
  • Comparative studies on Evergreening: India vis-a-vis other countries
  • Compulsory Licensing
  • Comparative studies on Compulsory Licensing: India vis-a-vis other countries
  • Critical studies on TRIPS and the Indian Patents Act
  • Health Care and Pharmaceutical Sectors - Patent Vs. Patients
  • Domestic and global Impact of Novartis Judgement
  • Judicial Activism and Patent Law
  • Section 301 of US Trade Act and Special Report 301

Participation:
The workshop requires full day attendance and participation. The last list of selected participants will be announced on 23rd April, 2014. Therefore, the participants are encouraged to apply early with their name, institution, mobile number and e-mail address in the registration form annexed below.

Academicians from the field of Intellectual Property Law and allied fields, Justice Practitioners, members from Judiciary, the NGOs, lawyers, students from the disciplines mentioned above and others who are interested are invited to participate.

Registration Fees:
Request for registration of delegates should reach Director of the Seminar, the Tamil Nadu Dr. Ambedkar Law University, Chennai - 600 028 in the enclosed registration form, along with a demand draft favouring the "Director of the Seminar" payable at Chennai.

  • Faculty Members/Advocates/others: Rs. 300/-
  • Research Scholars/Students: Rs. 150/-

Registration Deadline:
The last date for Registration is 20th April, 2014.

Contact:
Ms. Lucky George
Assistant Professor, P.G. Dept. of Intellectual Property Rights,
Tamil Nadu Dr. Ambedkar Law University, Chennai
Phone: +91-9500689555
Email: luckygeorge@tndalu.ac.in

Mr. Ranjit Oommen Abraham
Assistant Professor, School of Excellence in Law,
Tamil Nadu Dr. Ambedkar Law University, Chennai
Phone: +91-9444224442

Download Registration Form

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