PATENTING OF PHARMACEUTICALS IN INDIA: A STUDY ON THE NOVARTIS AG VS. UNION OF INDIA CASE
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Keywords:
Patent, Pharmaceuticals, Novartis, Intellectual property, Globalization, IndustrializationAbstract
Patent is one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. The Patent Act, 1970 is considered an exemplary piece of legislation in India to protect the Intellectual property holder from patenting its invention without his permission by any unauthorised person. The government of India is moving towards establishing a new patent regime in India that is at par with the new technological advancement as well as global commitments. In the era of highly competitive market, the pharmaceutical Industry of India is considered as one of the knowledge driven sector. The Indian pharmaceutical industry has been flourishing with the invention of life saving drugs. The patenting of Pharmaceutical product is only a new recognition in India like many developing countries across the world. In the age of globalization and industrialization, the pharmaceutical sector has been considered as one of the preferred for the policy makers for the developed as well as developing countries to give protection to drugs from being patented. In the landmark judgment of Novartis case, the Supreme court of India refused to grant patenting right to the Novartis, a foreign company by stating that just making some minor changes in a known product will not increase its efficiency and make it an invention .Through this paper, an endeavour is made to give an outlook of the growth of patent law in India and its effectiveness in the pharmaceutical regime of India. An attempt is also made to analyse the effect of the landmark Novartis case in regard to pharmaceutical product in India.
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