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Pharmaceutical Patents in India: Issues and Concerns

Pharmaceutical Patents in India: Issues and Concerns

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Published by Balaji P Nadar

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Categories:Types, Research, Law
Published by: Balaji P Nadar on Apr 19, 2011
Copyright:Attribution Non-commercial


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Conflicts on IndianPharmaceutical Patents
Balaji P Nadar,LL.M 2
Semester,ILI, New Delhi.
TRIPS and its flexibility under Doha DeclarationIII.
Pharmaceutical patents under Indian Patent ActIV.
Issues over Indian position on Drug PatentV.
Developed World’s criticism on Doha declaration and IndianPatent system
A pharmaceutical drug, also referred to as medicine, is a chemical substance used in themedication or in the preparation of medication for treatment, cure, prevention or diagnosis of disease. The definition of the term drug includes articles intended for use in the diagnosis, cure,mitigation, treatment or prevention of disease in man or animals and articles, other than food,intended to affect the structure or any function of the body of man or animals.
Patent is amonopoly right which promotes the progress of science and technology by conferring a titleupon an inventor to make, use or sell an invention, for a limited period. Out of seven areas of intellectual properties, patent is the most important and controversial issue because of it wideranging implications to the drugs and pharmaceutical industries of the developing countries.
 Patent play an important role in the cost of drugs developed after around 1980. They are, of course, critical to question raging around the world of how to provide affordable access to drugsince without patents there would be far fewer drugs around for people to access. Moreover, thepatent system is designed to require that those who need new drugs bear the cost of theirdevelopment.
Drug patenting allows pharmaceutical companies to legally protect, patent, thecomponents of the drugs they create in their research labs. Drugs that are patented are protectedfrom competition, as other companies cannot use the same mixture of ingredients to createcompeting drugs. Drugs and pharmaceutical items may be patented but the exclusivity promisedby a patent may cause hardship on the part of the public due to the higher price of the brandname drug. This has caused political strife across the world.
 The patent system was first introduced in India in 1856 through the Exclusive PrivilegesAct, 1856. Later on, the Indian Patents and Designs Act, 1911, replaced the previous act andthereafter to encourage indigenous research in the Indian Pharmaceutical industry, the
Section 201(g) of the Federal food, Drug and Cosmetic Act, 1938.
Prankrishna Pal(ed.),
 Intellectual Property Rights in India: General Issues and Implications
95 (RegalPublications, New Delhi, 2008).
S.K. Verma and Raman Mittal,
 Intellectual Property Rights: A Global Vision
121 (Indian Law Institute, NewDelhi, 2004).
Kochava R. Greene, “What is Drug Patenting?”,
at:http://www.ehow.com/about_5052330_drug-patenting.html (visited on February 12, 2011). 

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