NISCAIR Online Periodicals Repository

NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR)  >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.13 [2008] >
JIPR Vol.13(5) [September 2008] >


Title: Transcending Differences: The Challenge for Pharmaceuticals in the Post-TRIPS Indian Patent Regime
Authors: Khader, Feroz Ali
Keywords: TRIPS
PCT
Patentability issue
Pre-grant opposition
Issue Date: Sep-2008
Publisher: CSIR
Abstract: In the absence of a universal patent law with global jurisdiction , members of the World Trade Organisation (WTO), have adopted and legislated national laws in their respective countries though some what different interpretations of the TRIPS Agreement. While the Patent Cooperation Treaty (PCT) was the first attempt for a near harmonized system by accepting a common application, PCT has little use during the prosecution phase of patent applications. One of the important issues which have been differently interpreted is related to the patentability criteria and exceptions to patentability dealt with under Articles 27.2 and 27.3 of the TRIPS Agreement. Thus Section 3(d) of the Indian Patents Act has turned out to be a contentious issue, the resolution of which may have serious consequences on inventions related to pharmaceuticals. The Novartis case on the Gleevec patents is a case in point. While the Act provides for granting of patents even for known substances if substantial enhancement of activity vis-a-vis known activity is established, in practical terms several obstacles to a fair assessment of what is substantial has turned out to be difficult. The provision for pre-grant opposition in the Indian Patents Act has led to a large number of applications from patent groups, pharmaceutical companies and non-governmental organizations. These and related matters are discussed in detail in this paper.
Page(s): 424-431
ISSN: 0971-5544
Source:JIPR Vol.13(5) [September 2008]

Files in This Item:

File Description SizeFormat
JIPR 13(5) 424-431.pdf106.61 kBAdobe PDFView/Open
 Current Page Visits: 615 
Recommend this item

 

National Knowledge Resources Consortium |  NISCAIR Website |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2012 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 592990 since 06-Feb-2009  Last updated on 18-Sep-2014Webmaster: nopr@niscair.res.in