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RAM MANOHAR
LOHIYA NATIONAL LAW
UNIVERSITY
INTELLECTUAL PROPERTY
RIGHTS II
TOPIC EVERGREENING
PATENTS
SUBMITTED TO
MR.VIKAS BHATI
HELA
ASSNT.PROF OF LAW,
RMLNLU.
SUBMITTED BY-
ABHISHT
SECTION - A
VII SEM
07
ROLL NO. :-
INTRODUCTION
'Evergreening' refers to the strategy adopted by patentees who seek to
extend their period of patent protection by applying for secondary
patents over related or derivative technologies. At first blush, the idea of
evergreening seems an anathema to central tenets of the patent system,
which provide protection for a limited term to 'novel' inventions.
Accordingly, the practice of evergreening has been criticised as
effectively enabling protection beyond the initial term despite only
trivial changes to the invention itself. Multinational pharmaceutical
companies are most frequently accused of abusing the patent system in
this way.
.
STATEMENT OF PROBLEM
HYPOTHESIS- The Doha Declaration allows developing countries to
protect the health of their populations by circumventing the TRIPS
Agreement's patent protection during situations of "extreme urgency,"
recognizing the effects of intellectual property protection on medication
prices. Nevertheless, pharmaceutical companies continue to attempt to
extend the lives of their already-existing patents for as long as possible
REVIEW OF LITERATURE
PLAN OF STUDY
1. INTRODUCTION
2. PATENTING STRATEGIES
3. THE DIFFICULTY OF DISCOURAGING EVERGREENING
WHILE PROMOTING INCREMENTAL INNOVATION
4. ANALYSIS OF SECTION3(d).
5. THE NOVARTIS CONTROVERSY
6. CONCLUSION