The granting of secondary use patents in the pharmaceutical
industry has become more prominent after the negotiations of the
TRIPS Agreement in 1995. More and more secondary use patents have
been granted, especially in developed countries. But, on the flip
side, some firms tend to take advantage of secondary use patents in
order to extend the exclusivity period. This can generated concerns
among the policy makers worldwide. As a result of this, obtaining
secondary use pharmaceutical patents has become a arduous
process.
Scenario in developing countries
Traditionally, pharmaceutical patents have been one of the most
controversially debated issues in concern with intellectual
property protection, strikingly more in developing countries. In
the process of negotiations of the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement, the protection of
pharmaceutical products was opposed by developing countries as they
were of the opinion that strong
