This article looks at why pharmaceutical companies do not practice price differentiation in the developing markets and identifies as a reason, apart from the issues of parallel import and reference pricing, the problem of the bargaining rich — the free rider who will not offer the full price...

Patents are unilateral declarations by an inventor which when approved by the patent office stand unchallenged for the remainder of its life. The only way by which its credibility or truth can be questioned, is by putting forward a challenge before a court of law. This is a hugely expensive and...

Sir Nicholas Pumfrey J., in an attempt to guide the judicial mind to segregate obvious patents from nonobvious inventions, noted that: “Both the Scylla of considering nothing obvious except that to which the skilled man is driven and the Charybdis of considering every invention obvious that...

In India, FRAND licences involving SEPs (Standard Essential Patents) evoke parallel proceedings before the high court on patent infringement and anti-competitive practices complaint before the Competition Commission, confirming observations that stronger enforcement of patents would be countered...

The author argues that it is important to distinguish between genuinely innovative 'Black Swans and Swans that are painted Black, referring to the increasingly common practice of making cosmetic or insignificant modifications to existing innovations in order to obtain or extend patent...