Saturday, April 6, 2013

Indian Patent System and International Pharmaceutical Trade

With the implemetation of the " TRIPS" agreement in 2005, India lost almost over 800 patents in the country and the conventional licenses to market those products in the international markets. Post the TRIPS agreement the Indian Patent System was strengthened with new rules and amendments in sections, transforming the vision from reverse engineered process patents to product patents. With this aim and strengthened vision India could fight and win the US claim over turmeric patent as traditional knowledge in India.

 Now in 2013, 8 years from the implementation of TRIPS agreement , a situation has arisen that the conventional countries of the TRIPS agreement intend to copy and implement section 3d of the Indian Patent Act.  Section 3d of the Patent Act decides the subject matter of a patent; where it clearly distinguishes and describes the difference between innovation and discovery- every subsection of section 3 looks for an inventive step in patent, thus makes the candidate for patent exclusively different and worth patentable to rule the international markets for 18 years.  Though India has lost a great deal in the International markets in the 2005 wrt respect the merger and acquisitions by US and UK pharmaceutical giants on the name of product patents,  but now it looks as if India is making up the loss by defining innovation and applicability of the innovations and every invention step to common men for whom these products are designed and this is seen in most of the patent cases on the international board or at the supreme or subordinate courts in India where India or  Indian companies looks to be winning the battle mostly let it be the Gleevac - Novartis case or Pfizer's Viagra case.

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