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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.14 [2009] >
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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