Point-Counterpoint: Doha Ministerial meet

11-Dec-2001

This article discusses the Doha Ministerial meet.

An ode to the budget (& the FM)

29-Jan-2002

This article, in the form of an ode, requests the FM to do away with regulatory pricing in the Pharma industry.

Indian Pharmaceutical Industry - Some myths and few facts

29-May-2002

This article states some myths and a few facts regarding the Indian Pharmaceutical Industry.

A problem of mindset

23-July-2002

This article details the changes in mindset that have to be made in the Indian Pharma industry to meet the strong global demand.

Pharma Technology Upgradation

30-Jan-2003

This article states the need for technology upgradation in the Indian Pharma sector.

Hathi mere Sathi

17-May-2003

This article starting with an anecdote, takes a brief look at the Hathi Commission Report.

Critical commentary on changes in Patent Law effective 20th May 2003

23-May-2003

This article is a critical commentary on the changes in the Patent Law.

Indian Patent Law and Pharma Industry

29-May-2003

This article discusses the Indian Patent Law w.r.t. the Pharma Industry.

Balancing benefits and downsides of Intellectual Property

18-Jun-2003

This article discusses the balancing act to be performed by various countries with regards to IP.

Patent Rules 2003 Ushers in the Patent (Amendment) Act, 2002

9-July-2003

This article discusses the changes brought about by the Patent (Amendment) Act, 2002.

Agriculture: Great Expectations from Cancun? for the day after syndrome

3-Sep-2003

This article discusses the problems faced on the road from Doha to Cancun.

IP in India: A Hobson's Choice

25-Dec-2003

This article discusses the limited options facing India regarding IP.

Drug Controller From Industry

9-Feb-2004

This article states that the Drug Controller should be a person from the Industry and the advantages of the same.

Emergency Encounter and other Reminiscences

31-May-2004

This article takes a look at a few meetings Dr. Gopakumar Nair attended in Delhi, during the Emergency.

Patents and Trade Secrets - "Eat your cake and keep it too"

31-May-2004

This article takes a look at the problem of "perennial patenting" with regards to micro-organisms.

Discovery of India The El-"CRO"rado (CRO - Contract Research Organisations)

28-Jun-2004

This article cries out for a re-discovery of India for its technological treasures.

Product patents and transition status

23-Dec-2004

This article discusses the 3rd Amendment to The Patent Act, 1970.

Ordinance 2004 (Patent tsunami or parting gift)

29-Dec-2004

This article mentions a few salient features of the 2004 Ordinance to the Patent Act, 1970.

Option in Transition - Patent Ordinance - 2004

29-Dec-2004

This article states the new features of the new ordinance issued by the Government of India.

Additional features of the new Patent Ordinance

15-Jan-2005

This article draws attention to certain aspects of the new patent amendment that needs closer attention.

Harmonised Patent Law installed at WIPO

23-Jun-2005

This article gives an overview of the problems faced by SPLT (Substantive Patent Law Treaty) at the June meeting of the SCP (Standing Committee on the Law of Patents).

Is latest US Appeal Court's En Banc judgment anti-"evergreening"?

22-Oct-2005

This article takes a look at the anti-evergreening steps taken by the Indian Parliament and a case study regarding a recent US judgment concerned with evergreening.

IP Protection post-2004: A Review

1-Dec-2005

This article gives the scenario of IP protection in India, after 2004.

The decision of the Indian Patent Office

The decision of the Indian Patent Office (IPO) regarding the opposition filed by M/s Cipla Ltd to the patent application no. 1602/MAS/1998 filed by M/s Novartis AG for Gleevec (Imatinib Mesylate).

TRIPs & Patents

Aug-2006

This is the first draft of the article which appeared in Modern Pharmaceuticals, August-September 2006 and describes the impact of TRIPS on the Indian Pharmaceutical industry.

Data exclusivity - a practical model for India

28-Sep-2006

This article gives the significance of data exclusivity for the Indian pharma industry and a practical model for implementing the same.

Towards greater IPR protection

19-Oct-2006

This article takes a look at the current IPR scenario in the Middle East countries, giving UAE as a specific example.

People Assets - Are we on track.

1-Nov-2006

In this article, Dr. Gopakumar Nair opines that a road block to the Indian pharma success story could be diminishing human resources.

Incremental innovations in drug research

30-Nov-2006

This article takes a look at the rising importance of "Incremental Innovations" for pharma companies and also takes a look at the Indian scenario for the same.

Indian Patent Act and its impact on Pharma Industry.

2006

In this article, Dr. Nair takes an in-depth look at the Indian Patent Act and its impact on the Indian Pharma Industry.

Invitation from the Department of Science and Technology for Research Proposals

Invitation from the Department of Science and Technology for Research Proposals from Academic Institutions/National Laboratories and Industries in Drugs and Pharma Sector under the Drugs and Pharmaceutical Research Programme (DPRP).

The Mashelkar Committee Report.

Time to "bridge the gulf"

25-Jan-2007

In this article, Dr. Nair takes a look at the potential for growth for the Indian Pharma sector in the Gulf countries.

Indian Pharma Industry: The Road Ahead

Feb-Mar-2007

In this article, Dr. Nair takes a look at the Indian Pharma Industry and the future trends in the industry.

Verdict On Glivec

9-Aug-2007

The controversial patent litigation over Glivec has come to almost to an end on last Monday with the Madras High Court rejecting Novartis' petition challenging

USPTO Publishes Measures to Improve Patent Quality

20-Aug-2007

USPTO moving forward to improve patent quality -Federal Register publishes new draft rules will become effective 1st November 2007.For details go to

For a fool proof patent

22-Sep-2007

Pharma companies employ various strategies while drafting patent claims.

Patenting: The Indian way

27-Sep-2007

India's entry into the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) compliant product patent regime has stirred hornet's nest in the global IP scenario.

The Examination Guidelines can be found at

USPTO Publishes Examination Guidelines for Determining Obviousness in Light of the Supreme Court's KSR v Teleflex Decision

10-Oct-2007

The Department of Commerce's United States Patent and Trademark Office (USPTO) has published Examination Guidelines (Guidelines) to help USPTO examiners make appropriate decisions regarding the obviousness of claimed inventions in light of the Supreme Court's decision in KSR International Co. v. Teleflex Inc., 550 U.S., 82 USPQ2d 1385 (2007) (KSR).

Ranbaxy gets favourable decision from German court against Pfizer

Our Bureau, Mumbai — 31-Oct-2007

Ranbaxy Laboratories Limited (RLL) has announced that the Federal Patent Court of Germany located in Munich, handed down a favourable decision for Ranbaxy in its case against (Pfizer) Warner-Lambert's European Patent 409 281 (281)

Notices regarding Claims And Continuations Rules

5-Nov-2007

Recent USPTO Announcement of postponing the implementation of proposed revision in the rules of practice in USPTO.The report is reproduced .

Opposing before granting

Ashwini Sandu & Raju Kumar,Chronicle — 13-Dec-2007

The emergence of Pre-grant opposition is a newly emerging hot topic of discussion on the international scenario too.

IP education -The Indian reality

Dr Gopakumar G. Nair,Chronicle — 13-Dec-2007

The emergence of intellectual property (IP) through WTO & TRIPs to the forefront of international trade had taken India by surprise in the early 90's.

Why is the DCGI trying to implement a \'patent-registeration\' linkage system in India?

Prashant Reddy — 09-May-2008

The Drug Controller General of India - Dr. Surinder Singh - has made a public statement that he intends to link up regulatory approval for drugs to the patenting system i.e. he has gone on to record to state that the DCGI will not grant regulatory approval for generic drugs if in case the innovator drug still has a valid patent covering it.

A tug of war

Dr Gopakumar Nair, Dilip G Shah, Tapan Ray, Dr Ajit Dangi, Priyank Gupta — 28-May-2008

India\'s nasacent patent regime is under the scanner and the industry is grappling with questions like - What is the long term solution to balance patent protection with patient needs, in developing countries like India and especially with life threatening conditions like India and especially with life threatening conditions like cancer and AIDS? What is the situation in other countries on such issues?

More than just a rubber stamp?

Dr Gopakumar G Nair,Dr Ajit Dangi,Dr Venkateswarlu — 15-Mar-2009

It is unfair to blame the MNCs for everything. The MNCs themselves are the most frequent targets of USFDA.

Form No. 44 Entry relating to Patent Status is redundant and unnecessary

Shri Dedashish Panda — 07-Apr-2009

In the recent controversy on Marketing Approval the entry Patent Status in Form No. 44 came up for discussion rather prominently.

Blocked in transit

D G Shah,Dr. Gopakumar Nair — 10-Apr-2009

As aggressive IP enforcement continues at the hands of EU ports should goods in transit be protected when they are without a doubt intended for markets where their use is legitimate.

Ready for Round 2

16-May-2009

Legally speaking a patent is an exclusionary right given by the government or the authorised authority to its inventor for a particular duration in respect of his invention.

Mr D G Shah presentation to Secretary, DoP

21-Jul-2009

Reproduced with due permission from Mr. D G Shah and IDMA.

Latest Situations and Developments of Trademark Applications and Examinations in China

Mr Hung-Pang Bian — 21-Aug-2009

According to a recent mass media report Fu Shuangjian who is currently deputy chief of Administration Bureau of Chinese Industry and Commerce paid a visit to Taiwan on June 15 2009 during which he gave a comprehensive presentation and outline on the latest situations and developments of Trademark applications and examinations in China.

THE COMERCIAL CHAMBER OF JUSTICE DECLARED THE NULLITY OF THE TRADEMARK FEDERAL EXPRESS - CLASS 38.

Claudio Marcelo Albarellos — 4-Oct-2009

The National Federal Court of Appeals issued a very interesting sentence in which develops very important concepts as the trademark the registration and their reaches among many others.

Blocked in transit

Dr Gopakumar Nair ,D G Shah — 30-Nov-2009

As per TRIPS provision under Section 255 cross border measures really do not include patents and in transit materials because a majority of issues of counterfeit are related to quality and misbranding wrong branding informs Dr Gopakumar Nair Patent Attorney and CEO Gopakumar Nair Associates.

Genesis of Pregrant Oppositions & its current status

Dr Gopakumar G Nair — 10-Dec-2009

The Patents Act 1970 as amended in 2005 with active participation from the lawmakers in the floor of the House introduced the provision for Pregrant Opposition for the first time in India.

People who will save the world

Yusuf K. Hamied — 8-Jan-2010

For someone who calls himself a man of science Yusuf K. Hamied has a patent dis like for intellectual property rights.

India asks firms to provide data on working of patents

By Anju Ghangurde — 20-Jan-2010

India has asked all patentees and licensees to provide information on the working of patents in the country before March 31st 2010.

New drug discovery - need for introspection!

Dr. Gopakumar G. Nair — 15-Jun-2011

Trend of annual NCE approvals have been alarmingly coming down from average of about 50 prior to the nineties to almost an average of below 30 in the recent times.

Bionic Bacteria May Help Make New Drugs, Biofuels: Artificially Enhanced Bacteria Capable of Producing New Kinds of Synthetic Chemicals

Science News — 22-Sep-2011

For the first time the scientists were able to create bacteria capable of effectively incorporating unnatural amino acids artificial additions to the 20 naturally occurring amino acids used as biological building blocks into proteins at multiple sites.

AIA Ho! - US Patents Act Amendments

Dr Gopakumar G Nair — 5-Oct-2011

Something long overdue in the patent regime of the USA the America Invents Act has been passed by the US Congress amending the 35USC American Patents Act and Procedures thereof.

Strong policy support, incentives are better option to pharma sector than FDI cap: Dr G G Nair

Suja Nair Shirodkar, Mumbai — 5-Nov-2011

Pharma industry wants the government to give more incentives to this sector so that it would not be forced to look at the foreign direct investment route for growth.

MNC patent monopoly and takeover of generics in India

K. M. Gopakumar — 21-Dec-2011

A new study reveals that multinational pharmaceutical companies are exploiting their product monopoly to charge high prices under Indias product patent law as well as gradually taking over the domestic generic sector.

For a “Pretty Picture” in Indian pharma industry

Dr. Gopakumar G. Nair — 15-Dec-2011

The latest decision of the Court of Justice of the European Union equivalent to the Supreme Court is a welcome relief for all generic exporters.

Chennai HC rejects Roche\'s patent suit against Matrix in light of lack of jurisdiction

Our Bureau, Mumbai — 17-Dec-2011

Dr Gopakumar G Nair intellectual property and patent and trade mark attorney pointed out that under the recent judgement the HC held that Matrix by approaching the IPA Board Chennai did not give rise to a cause of action from Roche against Matrix as mere filing of an application for revocation in IPA Board Chennai cannot give rise to a cause of action especially since IPA Board has its headquarters at Chennai.

POSER OVER MEDICINE SUPPLIES

Martin Khor — 9-Jan-2012

Patients worldwide suffering from various ailments have benefited from cheap generic Indian drugs.

Acknowledgment - Thanks to Mr. Gopa Kumar of Third World Network for drawing attention to this case

Compulsory licensing Patients vs Patents?

Viveka Roychowdhury — 12-Mar-2012

The recent grant of Indias first compulsory license has once again brought the patients vs patents debate to the fore.

DHC brings down the viva-voce cut off marks for patent agent exam

Rajiv Kr. Choudhry — 15-Mar-2012

In a recent decision Ms. Anvita Singh v. Union of India and Another the Delhi High Court has directed the Patent Office to register a candidate as a patent agent who had passed the the written portion but failed in the viva voce.

Acknowledgment - Thanks to Rajiv Kr. Choudhry of SpicyIP for drawing attention to this case.

Stale news: Universities for research and innovation Bill 2012

J.Sai Deepak — 27-May-2012

On May 21 2012 the Universities for Research and Innovation Bill 2012 was introduced in the Lok Sabha. From the Statement of Objects and Reasons of the Bill it appears that although innovation is recognised as one of the key drivers of the economy the position that has been adopted is that public expenditure alone is not sufficient.

Acknowledgment - Thanks to Mr. J.Sai Deepak of The Demanding Mistress (Google Groups) for drawing attention to this case.

Govt use of compulsory licence - Sovereign immunity

Gopakumar G. Nair and Andreya Fernandes — 27-Jun-2012

The US Patent Law 35 U.S.C while being silent on Compulsory Licence has a separate code for granting of CL outside the provisions of the US Patent Law.

Discourages the art of ever-greening

Dr Gopakumar G Nair — 1-Nov-2012

The Indian Patent Law-the Patents Act, 1970 and Rules thereunder truly encourages innovation.

What keeps Indian Pharma going, growing ?

Dr. Gopakumar G. Nair — 22-Nov-2012

Entrepreneurial resilience nothing else, assisted in part or occasionally by well-meaning government officials and confusingly compounded Indian pharma policies, apparently drafted in National interest, keeps the Indian Pharma going, growing.

Needed – An innovation policy & roadmap for India

Dr. Gopakumar G. Nair — 6-Dec-2012

It is time we initiate a new road map for “globalization” with specific strategies to encourage innovation.