Trademarks, copyrights, patents, etc are the instruments of intellectual property right which are considered to achieve economic, social and technological advancements for the country. Patent is one of the instruments which is mostly debated for its role under pharmaceutical industry. The debate started when India signed General agreement for trade and tariff in 1994 wherein it agreed to implement all the flexibilities of TRIPS within a given time period. India faced challenges while implication of provisions of TRIPS so as to bring stability between the provisions of TRIPS (Trade Related Intellectual Property Rights) and Protection of Public Interest.
TRIPS brought in drastic change in the existing patent law wherein it introduced Product …show more content…
Bayer Corporation. The decision of this case led to a major change in the patent industry wherein to maintain public health compulsory license was granted to a generic manufacturer.
The case mainly involved the issue of granting compulsory license to Natco Pharma on the grounds that Bayer Corporation was not fulfilling the conditions and thus according to section 84 of Indian patent act, Natco is entitle for compulsory licensing.
The brief facts of this case are Bayer Corporation was manufacturing a cancer drug for liver/ kidney named Nexavar which was patented in India. Natco Pharma first applied for a voluntary license to Bayer Corporation which was rejected by them in 2011. Further, Natco approached the controller for grant of compulsory license. This was granted to them which were then challenged by Bayer Corporation in IPAB. IPAB also supported the grant of compulsory license. This was again challenged before Bombay High …show more content…
This will serve to encourage other manufacturers to apply for compulsory licenses. The most obvious impact of this decision would be increased amount of applications for compulsory licenses. This decision will have a wide ranging impact on investments in pharmaceutical industry, research and development cost, trade relations and a variety of other related matters.
• CONCLUSION
Today, we have debates going on all over the world with regard to strongest patent system owned by India. Whether product patent is right or not? Will it harm the research and development within medical industry? Nobody is able to provide a perfect answer to these existing questions.
Though the present scenario and recent news shows it evidently how India has emerged with regard to its Pharma Industry but questions related to Flexibilities of TRIPS still exist in the market. Recently in an article published in newspaper it was found that inspite of being a developing country India will be supplying generic medicines of cancer to US market which shows the strong and stable pharma market within
TRIPS brought in drastic change in the existing patent law wherein it introduced Product …show more content…
Bayer Corporation. The decision of this case led to a major change in the patent industry wherein to maintain public health compulsory license was granted to a generic manufacturer.
The case mainly involved the issue of granting compulsory license to Natco Pharma on the grounds that Bayer Corporation was not fulfilling the conditions and thus according to section 84 of Indian patent act, Natco is entitle for compulsory licensing.
The brief facts of this case are Bayer Corporation was manufacturing a cancer drug for liver/ kidney named Nexavar which was patented in India. Natco Pharma first applied for a voluntary license to Bayer Corporation which was rejected by them in 2011. Further, Natco approached the controller for grant of compulsory license. This was granted to them which were then challenged by Bayer Corporation in IPAB. IPAB also supported the grant of compulsory license. This was again challenged before Bombay High …show more content…
This will serve to encourage other manufacturers to apply for compulsory licenses. The most obvious impact of this decision would be increased amount of applications for compulsory licenses. This decision will have a wide ranging impact on investments in pharmaceutical industry, research and development cost, trade relations and a variety of other related matters.
• CONCLUSION
Today, we have debates going on all over the world with regard to strongest patent system owned by India. Whether product patent is right or not? Will it harm the research and development within medical industry? Nobody is able to provide a perfect answer to these existing questions.
Though the present scenario and recent news shows it evidently how India has emerged with regard to its Pharma Industry but questions related to Flexibilities of TRIPS still exist in the market. Recently in an article published in newspaper it was found that inspite of being a developing country India will be supplying generic medicines of cancer to US market which shows the strong and stable pharma market within