India's amendment to her patent regime in 2005 to introduce pharmaceutical product patents attracted unprecedented attention, both domestically and globally. While multinational pharmaceutical companies were concerned that the Act withered away their exclusive rights, civil society activists...

The pharmaceutical market in Europe, in its present circumstances, is not organized according to the principles of free trade to which other products are subjected. Under this situation, the owners of trade-marks have tried to develop price and market strategies consistent with their interests...

This paper explores how regulatory responses to emerging IP issues in digital trade may develop at the international level and in particular how existing mechanisms might influence the chances of developing internationally agreed rules in this regard. The primacy of state sovereignty in...

A wide array of policy instruments can protect domestic firms against foreign competition. Regulatory measures that raise the costs of foreign firms relative to domestic firms are exceptionally wasteful protectionist devices, however, with deadweight costs that can greatly exceed those of...

The issue of parallel imports with respect to the Indian Copyright Law involves an interplay of the three doctrines of distribution rights of the copyright owner, the hypothetical manufacture test and the divisibility of copyright. This article examines the statutory provisions involving these...

While Article 8 of the Paris Convention mandates the protection of trade names independently of their entitlement to protection as trademarks, European law has traditionally offered only limited and uneven protection. This article examines the heightened protection of trade names within the...

The impact of parallel trade on innovation in R&D-intensive industries, such as pharmaceuticals, is a hotly debated question in antitrust and IP policy. The well known argument that parallel trade dampens innovation by undermining firms' ability to price discriminate has been challenged by...