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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
NISCAIR PUBLICATIONS >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(4) [July 2012] >
| Title: | Post-TRIPS Thrust Triggers for Indian Pharmaceuticals in the IP Context |
| Authors: | Nair, Gopakumar G
Fernandes, Andreya
Parmar, Kavita Rao |
| Keywords: | TRIPS
Pharmaceuticals
Patent
Gleevec
Licence |
| Issue Date: | Jul-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The impact of the transition of Indian patent regime from pre-TRIPS to post
TRIPS and the post-2005 product patent regime is discussed sequentially with
evaluation thereof. Contrary to general perception and negative expectations, India appears
to have driven through the anticipated ‘rough weather’, most successfully and
creditably, largely thanks to the lawmakers making best use of the
flexibilities permitted in TRIPS. The intervening Doha Declaration, wherein,
the open unanimous admission of sovereign rights to incorporate measures for
protecting public health and nutrition was adopted, also came in good time.
With the entrepreneurial enthusiasm, due diligence and newly acquired patent
proficiency, the Indian pharmaceutical industry has moved on to a globally
dominant position at least as the leader of generic medicines. The early patent
litigations have alerted and awakened the domestic pharmaceutical industry to
take preventive or defensive measures as well as to go on the offensive where
the patents are vulnerable. The awareness and practice of the new patent regime
has helped Indian pharmaceutical companies to successfully redirect themselves
to regulated markets with largest number of USFDA and EMA/EDQM approved
manufacturing sites and large DMF/ANDA filings and approvals. The R&D
allocations and IP protection by Indian pharmaceuticals has also gone up
creditably, even though early drug initiatives have not borne fruits yet. With
increased Government funding and participation, the Indian pharmaceutical
industry appears to be gearing up for entering the drug discovery band wagon
too. The provisions adopted in the amended Patents Act, 1970 and decisions
thereof, including the latest grant of the first compulsory licence, appears to
be drawing considerable global attention and fair appreciation, for its
equitable balance of rights and obligations. |
| Page(s): | 273-283 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(4) [July 2012]
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