08 April 2013

IPR Amicus: March 2012

The first compulsory licence was issued by India licensing the production of Sorafenib Tosylate a generic version of anti-cancer drug Nexavar invoking Section 84 of the Patents Act. This landmark order which holds great significance for pharma industry and patent protection in India is discussed in “Ratio Decidendi” section. The article on fair dealing and broadcasting rights discusses provisions of Section 52 and Section 37 of the Indian Copyright Act, judicial precedents and the need for greater clarity in difference between the application of doctrine of fair use. The March 2012 issue of IPR Amicus also covers the single member bench decision of the Delhi High court in case of Samsung Electronics v. Kapil Wadhwa wherein it was held that parallel importation can amount to infringement.

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