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The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan Sep 2019

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan Sep 2019

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

Srividhya Ragavan

This paper compares India’s position with that of the US on the question of protection of well-known marks in the light of applicable international legal prescriptions. The discussion in this paper compares protection for famous foreign marks (as opposed to a famous mark). Famous foreign marks are those that have acquired fame in one country and hence, well-known in another country.


The (Re)Newed Barrier To Access To Medication: Data Exclusivity, Srividhya Ragavan Jul 2018

The (Re)Newed Barrier To Access To Medication: Data Exclusivity, Srividhya Ragavan

Srividhya Ragavan

This Article is set in the background of the consequences of the WTO’s prescriptions on patenting of life-saving medications which has largely contributed to the morphing of patents o n life-saving medication into a luxury. Remarkably, there has been a transformation of the role of patents in the context of pharmaceutical innovation into a strategic business tool leading to a larger interest in creation and sustenance of regulatory rights. The biggest global development in this area is an increased effort to strengthen exclusivity using regulatory protections for all chemicals, and even, biologics, involved in all stages of drug development. Consequently, …


Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan Dec 2017

Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan

Srividhya Ragavan

The petition was filed as a public interest litigation (PIL) before the Delhi High Court by Prof. Shamnad Basheer in 2015. Triggering point was dismal compliance with S.146 (r/w Rule 131) for submitting periodic working information pertaining to granted patents. Non-compliance data was released by Patent office itself in a report published on its website. Petition seeks relief in the form of directions to Patent office to take action against errant patentees and reconsideration by the government of Form 27 in its current format, among other reliefs


The Significance Of The Data Exclusivity And Its Impact On Generic Drugs, Srividhya Ragavan Aug 2017

The Significance Of The Data Exclusivity And Its Impact On Generic Drugs, Srividhya Ragavan

Srividhya Ragavan

The following is a law review interview with Professor Srividhya Ragavan on the issues in interpretation of data exclusivity provisions under the TRIPS Agreement, and the impact of data exclusivity on generic drugs.


Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker Feb 2017

Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker

Srividhya Ragavan

The paper below largely is an extract of the testimonial filed by the authors to the Secretary of the ITC in response to the Notice on the Federal Register dated August 29, 2013 titled Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy. Where required, the paper also draws from the written submissions that the authors made to the United States Trade Representative’s (hereinafter, USTR) office on the related question of whether India deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property …


Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan Jan 2017

Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan

Srividhya Ragavan

The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.


Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan Dec 2016

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Srividhya Ragavan

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …


Frand And Compulsory Licenses: Analysis And Comparison, Srividhya Ragavan, Raj S. Davé Mar 2016

Frand And Compulsory Licenses: Analysis And Comparison, Srividhya Ragavan, Raj S. Davé

Srividhya Ragavan

This section compares two different forms of licenses being FRAND and complusory license. Both forms of licenses are critical to achieve access to otherwise difficult to access technologies. The FRAND licenses have been widely embraced, especially in the software, mobile phones, and communications sectors. Compulsory licenses have been sparingly used by Governments where the public's need for the invention was considered to over-weigh the needs of the patentee, essentially for pharmaceuticals. Compulsory licenses have been universally criticized for being an imposed burden on the patentee. In comparing these two forms of licenses, this section outlines that despite the obvious differences …


Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé Mar 2016

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé

Srividhya Ragavan

This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …


Comments On India's Draft National Ipr Policy, Srividhya Ragavan, Brook Baker, Sean Flynn Feb 2015

Comments On India's Draft National Ipr Policy, Srividhya Ragavan, Brook Baker, Sean Flynn

Srividhya Ragavan

No abstract provided.


Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan Dec 2014

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan Aug 2014

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Patent Failure Of Novartis With Gleevec, Note On Novartis V. Union Of India Judgment, Srividhya Ragavan Apr 2013

The Patent Failure Of Novartis With Gleevec, Note On Novartis V. Union Of India Judgment, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


About Intellectual Property & Its Relevance To India (Interview In Tamil Language), Srividhya Ragavan Oct 2012

About Intellectual Property & Its Relevance To India (Interview In Tamil Language), Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan May 2012

Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan

Srividhya Ragavan

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that …


The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis May 2012

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Srividhya Ragavan

No abstract provided.


Intellectual Property Management: Stories Of Successful Strategies, Srividhya Ragavan Jun 2011

Intellectual Property Management: Stories Of Successful Strategies, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Protecting Innovation In Plants, Srividhya Ragavan Jun 2010

Protecting Innovation In Plants, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Implications Of The Valcyte Patent Post-Grant Opinion (Webinar), Srividhya Ragavan, Feroz Ali May 2010

The Implications Of The Valcyte Patent Post-Grant Opinion (Webinar), Srividhya Ragavan, Feroz Ali

Srividhya Ragavan

No abstract provided.


The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning Dec 2009

The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Srividhya Ragavan, Brian Manning

Srividhya Ragavan

No abstract provided.


Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan Dec 2009

Protection Of Traditional Knowledge / Traditional Cultural Expression -- Evolving A Sui Generis Model For India, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Developing Countries & Sustainable Development, Srividhya Ragavan May 2009

Developing Countries & Sustainable Development, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Asian-Americans: Connecting Asia To America, Srividhya Ragavan Feb 2009

Asian-Americans: Connecting Asia To America, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


India’S Patent Path, Srividhya Ragavan Apr 2008

India’S Patent Path, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Story Of Ip Coming To India, Srividhya Ragavan Apr 2008

The Story Of Ip Coming To India, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


India’S Plant Protection Issues, Srividhya Ragavan Mar 2008

India’S Plant Protection Issues, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


New Paradigms For Protection Of Biodiversity, Srividhya Ragavan Dec 2007

New Paradigms For Protection Of Biodiversity, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Management Of Intellectual Property Rights, Srividhya Ragavan Dec 2007

Management Of Intellectual Property Rights, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Imbalances Within The Wto, Srividhya Ragavan Oct 2007

The Imbalances Within The Wto, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.