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JIPR Vol.14(5) [September 2009] >


Title: Section 3(d): ‘New’ Indian Perspective
Authors: Kant, Aditya
Keywords: Section 3(d)
generics
ever-greening
patent eligibility
POSITA
patent busting
pharmaceutical companies
policy levers
Issue Date: Sep-2009
Publisher: CSIR
Abstract: Instead of the theoretical approach, this article attempts to visit the famed Section 3(d) of the Indian Patents Act from a practical viewpoint. Examining the relevance and actual working of this Section in the Indian context, this article not only emphasizes the need to retain it, albeit in a modified form, but it also attempts to strike a balance between the competing, and seemingly conflicting interests of various ‘interest groups[AK1] ’ and their ideologies of various shades at different levels, viz. national v internationalism, under-developed/undeveloped/developing nations v developed nations, generics v innovators, Indian companies v MNCs, public interest v commercial interest, socialistic policies of a welfare state v capitalism, etc. While still advocating for its (modified) existence, this article does not restrict its advocacy to narrow traditional jingoism; rather, it urges the Indian stakeholders, especially the Indian companies and the Indian Government to use this nobly-intended provision as an ‘opportunity’ to transform itself from the ‘inventing around’ players to the ‘inventing’ players, thereby enabling the nation as a whole to catapult itself into the big world pharmaceutical league. For the protection of incremental innovations, the author advocates enactment of a supplementary ‘petty’ patent system  [AK1]I would like to retain the word 'interest', as the phrase "interest group" is a specific terminology, used to describe various factions/ advocacy groups who have their own sectarian interests.
Page(s): 385-396
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.14(5) [September 2009]

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