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ARTICLE · 23 JANUARY 2023

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Patents And The Indian Pharmaceutical Industry

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

S.S. Rana & Co.

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It came under instrumental obligation to amend the patents law prevailing in the country, in order to make it compliant with the provisions of the international agreement.

IndiaIntellectual Property
Renu Bala
Renu Bala
Johny Solomon Raj
Johny Solomon Raj
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Patents, being one of, if not the most important IPR sought by the pharmaceutical industry, went through major systemic changes after India became a signatory to the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1995. It came under instrumental obligation to amend the patents law prevailing in the country, in order to make it compliant with the provisions of the international agreement. The first amendment was the Patents (Amendment) Act, 1999 which bestowed pipeline protection until product patents were granted for pharmaceutical inventions. It laid down the provisions for filing of applications for product patents in the field of drugs and agrochemicals with effect from January 01, 1995, and introduced the grant of Exclusive Marketing Rights (EMRs) on the selected applications. To comply with the second set of TRIPS obligations, India further amended the Patents Act, 1970 by the Patents (Amendment) Act, 2002. Through this amendment,

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