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Full-Text Articles in Law
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook Baker
Brook K. Baker
European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non- European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. This analysis concludes that multiple weaknesses remain in the Border Regulations, including: (1) continued coverage of alleged patent …
Some Reflections On Method And Policy In The Crowded House Of European Patent Law And Their Implications For India, Justine Pila
Some Reflections On Method And Policy In The Crowded House Of European Patent Law And Their Implications For India, Justine Pila
Justine Pila
This article considers the appropriate method for assessing substantive principles of European patent law, including limits on European patentability. In the argument made, European patent law is a crowded house in which “substantive convergence” around principles is inevitable but unsatisfactory: it will generally be the product of complex institutional dynamics as much as principled policy making, and in the absence of unified methodology and values will fail to ensure coherence or consistency within the European patent system. The implications of this argument with respect to India are then considered, and some reflections offered regarding India's experience of patent law harmonization …