Record Details

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

Adhyayan: A Journal of Management Sciences

View Archive Info
 
 
Field Value
 
Title The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry
 
Creator Rastogi, Rupesh
Kumar, Virendra
 
Subject Intellectual Property, Patents, TRIPS, NCEs
 
Description The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people.
The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry.
Indias patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.
 
Date 2016-05-16
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://www.myresearchjournals.com/index.php/ADHYAYAN/article/view/4001
10.21567/adhyayan.v4i1.10192
 
Language eng
 
Relation https://www.myresearchjournals.com/index.php/ADHYAYAN/article/view/4001/3738