Latest news with #TRIPSAgreement
Hindustan Times
02-08-2025
- Business
- Hindustan Times
Current challenges in the patent system
The introduction of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as one of the covered agreements under the WTO brought several uncertainties for India's generic pharmaceutical industry. This industry had emerged as one of the country's major sectors after the post-colonial Patents Act was enacted in 1970. The key feature of the 1970 Act that contributed to the growth of this industry was the introduction of a process patent regime, replacing the product patent regime under the Patents and Designs Act of 1911. Alongside this, the period of patent protection for pharmaceutical processes was reduced to seven years from the application date or five years from the grant, whichever was shorter. Patent Application(Photo used for representational purpose) India's acceptance of the TRIPS Agreement as a WTO member meant replacing the process patent regime for pharmaceuticals with a product patent regime and increasing the patent term to 20 years. However, Indian lawmakers developed a TRIPS-compliant patent regime that aimed to protect the domestic pharmaceutical industry's ability to supply affordable medicines even after the process patent system was discontinued from 1st January 2005. While the TRIPS Agreement strengthened patent rules, it also included flexibilities to protect national interests. Indian legislators incorporated these into domestic law to ensure generic companies could continue to operate effectively and maintain access to affordable medicines. Two pivotal features defined this post-TRIPS regime: The prohibition of patent evergreening and the introduction of a robust pre-grant opposition mechanism. These provisions were designed to filter out non-innovative patent claims and uphold the integrity of the Indian patent system. Section 3(d) of the Patents Act is central to India's strategy against patent evergreening. It restricts patent grants for mere discoveries or minor modifications of known substances unless they demonstrate enhanced therapeutic efficacy. The explanation to this section clarifies that derivatives like salts, esters, polymorphs, and isomers are considered the same substance unless they show significant improvements in efficacy. This ensures that only genuine innovations receive patent protection, enabling timely generic entry and fostering price competition. In essence, a patent cannot be granted on a product unless its enhanced efficacy over an existing product can be proven. Originator companies often develop minor modifications to proprietary drugs just before the original patent expires, seeking additional patent terms. This strategy aims to block generic entry, keeping medicine prices high. The availability of generics typically leads to a significant reduction in drug prices, enhancing affordability. Section 3(d) is intended to serve as a safeguard against such strategies, keeping access and affordability at the heart of India's pharmaceutical policy. However, the implementation of this critical provision has left much to be desired. Studies have shown that at least 80% of the pharmaceutical patents granted in India violate the provisions of Section 3(d), in other words, 'evergreening' of patents is tending to become an undesirable reality of India's patent system. Another TRIPS-compliant safeguard adopted by India is the pre-grant opposition system, which allows stakeholders to challenge patent applications before they are granted. This peer-review mechanism helps prevent unjustified monopolies and contributes to a more robust and transparent IP ecosystem. However, data from the Indian Patent Office between 2008 and 2023 indicates that the mechanism remains underutilised. On average, only five pre-grant oppositions were filed per 1,000 applications each year, suggesting limited stakeholder engagement. While concerns have been raised about the possible grant of low-quality patents, strengthening the system remains essential. Enhancing the rigour of patent examination and improving the opposition process through stakeholder awareness, expert input, and procedural transparency can raise the quality threshold for granted patents. This will help ensure that the IP framework supports genuine innovation and aligns with public interest. Despite challenges, India's patent law remains one of the most balanced globally protecting both innovation and public health. Strengthening the system now requires better implementation, including training for patent examiners, wider awareness of public safeguards like Section 3(d), and increased use of pre-grant opposition. With targeted reforms and greater stakeholder engagement, India can continue to promote innovation while safeguarding affordable access to medicines. This article is authored by Biswajit Dhar professor (retd), Jawaharlal Nehru University.
Time Business News
30-07-2025
- Business
- Time Business News
Trademarks and Their Protection in the Middle East
Every year, trademarks are immensely valuable to companies all around the globe. To put it bluntly, they do more than identify the source of goods and services; they also convey an indication of distinctiveness, reputation, quality and brand. In the Middle East, trademark protection is developing from international trade, trade initiatives and growing operational creativity in the region. If you are at point zero for your new business or you are a seasoned brand, you must speak with a trademark attorney in Jordan or the region in order to properly protect your intellectual property. A trademark can refer to legal protection over words, symbols, logos, phrases, or combinations of these that identify and distinguish goods or services of one entity from all others. The trademark law in the Middle East differs from country to country, but the sacred covenant of trademark law is relatively similar for the most part in the Middle East, with most regional countries adhering to international treaties or agreements, including the Paris Convention and the TRIPS Agreement. Each country in the region – Jordan, Saudi Arabia, UAE and Egypt – has its own national trademark laws – registration, enforcement, and litigation. However, because of economic integration, regional and overseas influences, some of these laws have commonalities which assist – fulfilling cross-border business. It is essential to find a legitimate trademark attorney in Jordan if you are doing business in Jordan. Jordan's legal system is comparatively developed regarding intellectual property rights, and the Ministry of Industry, Trade, and Supply governs the registration and enforcement of trademarks. A trademark lawyer in Jordan can help you with: Conducting trademark searches to confirm that your brand name, or logo, isn't confusingly similar to existing trademarks. Filing a trademark application. Responding to an objection or opposition from a third party. Acting on your behalf in enforcement or litigious action against infringers. Renewing your trademark so that you are continuing to be protected. A lawyer local to Jordan, with knowledge of the subtleties within the Jordanian trademark system can facilitate a trademark application while making sure to protect your rights within Jordan and possibly in regional markets. The Middle East is a diverse region with a mixture of legal systems, from civil law to Islamic law systems. Regardless of these variations, some governments have developed strong intellectual property systems which allow for strong trademark protection. For example: UAE: The UAE has a formal and tangible registration system where trademark registration is executed and issued by the Ministry of Economy. The UAE has a formal and tangible registration system where trademark registration is executed and issued by the Ministry of Economy. Saudi Arabia: Saudi Arabia has trademark law that is overseen by the Saudi Authority for Intellectual Property (SAIP). Enforcement has significantly improved in this country, resulting in lasting enforcement and many raids on infringing businesses. Saudi Arabia has trademark law that is overseen by the Saudi Authority for Intellectual Property (SAIP). Enforcement has significantly improved in this country, resulting in lasting enforcement and many raids on infringing businesses. Egypt: Law No. 82 of 2002 formally established the Egyptian Trademark Office as a governmental agency for the purposes of trademark registration. Law No. 82 of 2002 formally established the Egyptian Trademark Office as a governmental agency for the purposes of trademark registration. Qatar and Oman: They have a working trademark registration system and are also signatories to international intellectual property rights. Selecting the best trademark lawyer in Jordan involves more than just credentials. Look for someone who has: When registering a trademark in Jordan, the Ministry of Industry and Trade – Trademark Department requires the applicant to publish an announcement regarding their trademark in the Official Gazette and daily newspapers. This is to allow the original trademark owner to object if the announcement includes a copied or similar trademark. Al-Abadi Law Office is the best law firm in Jordan for trademark protection, as it is the only firm that utilizes an electronic system to monitor advertisements related to the trademark being registered. This system tracks similar and counterfeit trademarks that may conflict with the trademark Al-Abadi Law Office has been assigned to protect. This electronic program has proven its effectiveness in safeguarding trademarks and monitoring imitations — especially given that there are legal deadlines for objections, and missing them could result in losing the right to oppose a counterfeit trademark. When working within the region, it is important to find the best trademark attorney in the Middle East. This type of legal professional should be: Fluent in Arabic and English to deal with cross-border filings. Familiar with the laws and processes in various Middle Eastern countries. Connected with a network of legal professionals or firms in other jurisdictions. Aware of international IP treaties and conventions in effect in the region. An experienced trademark lawyer based in the Middle East could possibly use regional treaties in the Gulf Cooperation Council (GCC) Trademark Law, which makes the registration process easier in member countries, allowing you to save money and rapidly protect your brand! Registering your trademark is only the beginning of protecting your brand. You need to enforce your mark in order to ensure that no one is improperly using it, or benefiting from the goodwill of your brand. A trademark attorney in Jordan can help you monitor unauthorized usage and take the appropriate legal steps as follows: Sending cease and desist letters. Filing administrative complaints. Pursuing litigation or arbitration. Working with customs to prevent the import of counterfeit goods. Likewise, enforcement is vital across the Middle East, as there are counterfeit markets in operation with continuing expansion, despite some improvement in IP awareness. The best trademark lawyer in the Middle East will secure timely legal actions and will assist with enforcement officials in every country. As more Middle Eastern markets open up to the global marketplace, we are seeing foreign companies seeking trademark protection in the region. Whether you are a domestic company looking to take advantage of your international expansion, or a foreign investor looking to enter the Middle East, you must now have a regional legal strategy in place. A trademark attorney in the Middle East can also help you verify that your trademark rights are valid under domestic law and under any applicable international treaty (such as the Madrid Protocol, which permits trademark applications in multiple countries through a single application). Trademark registrations not only give you a legal tool, at times they can also exist independently as a valid business asset. As the Middle East landscape matures from being more competitive and brand dependent, staying on-top of protecting your trademarks is essential for protecting your business identity and your business reputation. Engaging with a trademark lawyer is the best way to ensure your intellectual property is properly identified, legally protected and positioned for the possible best future growth. TIME BUSINESS NEWS
