Rajinder kaur
@puchd.ac.in
Dean & Professor, Faculty of Law
Panjab University, Chandigarh
RESEARCH INTERESTS
IPR and Corporate Law
Scopus Publications
Scopus Publications
Dinesh Kumar, Amita Verma Namita Bhardwaj, and Rajinder Kaur
AIP Publishing
Naina Singh, Rajinder Kaur, and Rashmi Aggarwal
IGI Global
There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.
Naina Singh, Rajinder Kaur, and Rashmi Aggarwal
IGI Global
There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.
Rashmi Aggarwal and R. Kaur
IGI Global
Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical eld. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.
Parul Sharma and Rajinder Kaur
IGI Global
Exclusion of patentability finds its justification in philanthropy and public welfare. Time and again this approach has been endorsed and upheld by the eminent jurists. However, the “US Supreme Court in the case of Diamond v. Chakrabarty” endorsed a controversial view holding that “anything under the sun made by man” is patentable, but the situation was however rectified subsequently in “Diamond v. Dier.” The Boards have gone a step forward in being very selective while granting patents excluding “Plant and Animal varieties” and also other immoral procedures, for example the process of cloning human beings etc. from the scope of patentability. The chapter will take up the study relating to the provisions of exclusions in patentability in international and national regime. The chapter will further highlight the emerging grey areas on the exclusions of patentability.
Rajinder Kaur and Rashmi Aggarwal
Emerald
Purpose – This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements. Design/methodology/approach – It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements. Findings – In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, the practice of comparative advertisement has seen many derogatory consequences a few are mentioned here. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. Originality/value – This research paper attempts to provide an overall understanding of judicial environment on comparative advertisement in India which is still at its nascent stage.
Rajinder Kaur and Prabal Mehrotra
IGI Global
The right to privacy, characterised by Justice Brandeis in Olmestead v. United States (1928)277 US 438 as the “right to be let alone: the most comprehensive of rights and the right most valued by civilised men,” is recognized under India’s constitution by the Supreme Court in four rulings: Kharak Singh v. State of Uttar Pradesh and Ors. AIR 1963 SC 1295; Govind v. State of Madhya Pradesh and Anr. (1975)2 SCC 148; R. Rajagopal alias R.R. Gopal and Anr. v. State of Tamil Nadu and Ors. (1994)6 SCC 632; and District Registrar and Collector, Hyderabad and Anr. v. Canara Bank (2005)1 SCC 496.1 This aim of this chapter is to analyze the legislative provisions prevalent in India, especially those afforded by the Information Technology (Amendment) Act, 2008, and the Ministry of Communication and Information Technology, Government of India, and also the legislative provisions accorded to data protection in the United Kingdom and the United States of America, so as to be able to reach a conclusion that will address the need for data protection law(s).
Rashmi Aggarwal and Rajinder Kaur
IGI Global
Domain names are no longer treated as only providing an address for computers on the Internet but are treated as trademarks in relation to commercial activity of a particular company or business. With the expansion of telecommunication, it has become essential for business houses to protect their trade name from cyber squatters or cyber pirates. Some of the countries like US have developed a specific legislation for the protection of domain names, but in India the Information Technology Act, 2000, is limited to e-commerce only and fails to acknowledge this sensitive issue. The present chapter is an attempt to highlight the problem of domain names, the legislation laid down in US, specifically to deal with the problem of cyber squatters or cyber pirates, and dispute resolution mechanisms laid down by ICANN. The chapter further suggests the need for specific legislation in India along with other alternatives.
Rajinder Kaur and Rashmi Aggarwal
Elsevier BV