Weak patent laws in the health sector have been associated by rise of firms, which exploit the whole process of drug development. On the one hand patent are rights over an invention. But often there is no requirement as to that quality. Through patenting, the innovators and inventors are not only recognized as the owner of the emerging products but they also have various benefits such as financial gains to payback on the capital invested.
In addition to this, while the duration of drug patents was earlier 10 years, the WTO agreement calls for a 20 year protection. Copyright is the legal ownership of material such as books music and films which prevents these being copied from others.
They showed from various documents and old Vedic scriptures also. Hence, caution is necessary to ensure that patenting does not give rise to monopolies, which would discourage competition at the expense of the consumers.
Search Intellectual Property Essay 1 Compare and Patents and intellectual property1 essay the differing protection offered by the law of patents and the law of copyright. Intellectual property rights are the rights of persons who have invented or created something unique in different fields.
A patent is the right of ownership of an invention or process granted by government for a fixed period of time to the individual or business which registers the original invention or process. First, copying the work is an infringement.
The pediatric exclusivity rule is intended to provide benefits to pediatric patients by providing clinicians with label information regarding safety and dosage in pediatric populations.
Where there exists strong patent laws, inventors and innovators are energized since any benefits accrued from the new knowledge benefits them solely. With people selling fake products such as Louis Vuitton bags it not only effects the people who are purchasing them to think they are real but also the original company who are making a substantial loss of money due to this situation.
Conclusion Patent laws have more strength compared to the weaknesses depending on the issue of involved in discussion. Article 26 of the Vienna Convention on Law of Treaties herein after VCLT states about obligatory nature of the treaties upon the parties to it and the necessity of being performed in good faith.
However, through patenting, firms that delve into this kind of research because they are protected exclusively thus giving them the sole ownership rights to manufacture and distribute them at a given cost Gold The right to keep the product for disposal or otherwise is also an exclusive right of the patentee.
However due to emergence of tropical diseases in the developing world patenting may act as an incentive for continued research in both drug development and innovations of new procedures for their early diagnosis and treatment.
An invention is the result of reasoning. But recently the decision has been in favour of India in turmeric patent case. Of course, the prices of drugs under patent protection will rise but the reality is that less than 10 percent of medicines in market are covered by patent and few drugs have that protection.
There is one simple way to comprehend the two concepts of patents and copyrights.
Strong patent laws may also be a disadvantage since they may lead to increased market power which results in high cost of technology transfer.
Finally, an invention is patentable if not belonging to one of the excluded matter. Journal of Health Economics 14 1 It is not easy to relate patent laws and human rights since it exist in different perspectives on the same depending on the contributors Gold Using data from the Medical Expenditure Panel Surveys from and drug data from the FDA, we find that companies appear to base the decision to conduct pediatric trials almost solely on the basis of current sales and hence presumably future projected revenue.
It shall describe the invention in a clear and completed way so that the invention can be performed by a person skilled in the art s. Patenting the genetic resources and traditional knowledge ensures that people who participated in the development of the new information are acknowledged for the work they have done.
According to Vernon 14the expensive process of research and development is usually compensated by profits, which arise from patent protection.
If the author has spent sufficient degree of skill, labour and judgement to establish originality then his work would be able to be protected by copyright. They have pressurized India to adopt the product patents and patents for 20 years.
Patent law is protecting inventions. Further, patent examiners are under pressure to grant patents quickly and have no way of permanently disposing of an application other than by granting it.
However, the patent are only limited to 20 years, which in some cases is disadvantageous to products with weak marketing such as orphan drugs. In copyright law, there is a defence of fair dealing which allows research and private study only if is not undertaken for commercial purposes s.
Patent laws increase bilateral exchange to foreign markets by reducing the costs associated with preventing loss of knowledge assets.Home — All Essay Examples — Law — Intellectual Property and Patent Law in Nepal. Intellectual Property and Patent Law in Nepal.
Category: Law. Tags: intellectual Nepal patent property. Essay type: research paper.  WIPO Intellectual Property Handbook (WIPO Publication, Switzerland: 2nd ed.
Intellectual Property Essay 1) Compare and contrast the differing protection offered by the law of patents and the law of copyright. In your opinion, are these differences accidental or do they have a sound commercial or legal basis? This dissertation consists of three essays on regulation.
In the first essay, "Firm Reputation and Screening at the Patent Office", we assert that the patent office is an important regulator, exerting influence on firm outcomes.
Prior research argues that powerful groups such as top innovators are able to capture their regulators, gaining. We will write a custom essay sample on Patents and Intellectual Property specifically for you for only $ $/page. Intellectual Property: The Patents - Intellectual Property: The Patents Introduction While an ethical analysis in intellectual property may not be as interesting as the ethical analysis in human genetics, such as in human cloning, patents are the most relevant in the area of high technology, which is the most important industry in the Silicon Valley.
This essay was produced by one of our professional writers as a learning aid to help you with your studies This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside.
The essay will deal with four specific.Download