Technology Related Issues Regarding Intellectual Property Right.

Novratis vs Union of India case

  • Cognizant of patenting practice:- Parliament introduces a significant and important provision to prevent evergreening and granting of frivolous patent under section 3D of Indian Patent Act.
  • Section 3D of Patent Act stated the protection of Indian Masses in the Indian patent law,  it disallowed patenting of new forms of drugs with no substantive advancement, unless the new drug exhibit a significant enhancement in efficiency.
  • Evergreening is the practice of pharmaceutical companies to obtain patent on frivolous or minor change to non-drug and thereby establish a monopoly over a drug.
  • The Swiss pharmaceutical company is fighting for the patent of its anticancer drug GLIEVEC on the basis of increase bioavailability of the new drug in the cancer patient, but it lost its 7 year long battle as it could not with stand the test on the basis of enhanced Efficiency i.e. enhanced  theraputical efficiency.
  • So was rejected the patent even from the Supreme Court of India. It is the landmark judgement which will act as a deterance even for other multinational pharmaceutical companies not to involve in unfair practices of Evergreenery of patents.
  • India is leading producer of generic drugs in the world which is not only important for Poor patients in India, but also act as a lifeline of patent in the developing world especially in poor’s part of Africa to provide cheaper drugs including anticancer drug and life saving drugs

 

Intellectual property:- is regarded as creation of mind in the form of patents for invention or copyright for literary and Art works in the form of Trademark and geography  indicators.

copyright:- includes nobles, poems ,films, musical work, artistic work such as drawing, painting, Photograph structural

Trademark :– it is a distinctive sign which is identified with certain goods or services as those produced by a specific person or Enterprises.The system has consumers identified and purchase a product or service because its nature is indicated by its unique trademark

Geographical indication:- it is an indicator used on goods that has a specific geographical Origins and posses qualities, reputation or character that attributes to that place of origin .The most common Government of India geographical indicator includes the name of the place of origin and name of goods. Geographical indicator may be used for all varieties of products with natural, agricultural and manufacturing. It may consist of geographical name or traditional designation used for the products which have a specific qualities and characters that areessentially due to Geographic environment in which they are produced for example:- Kullu shawls of Himachal Pradesh, Darjeeling Tea, Mugha silk of Assam ,Kanchipuram silk of Tamilnadu and other GI’s

Patent:- it is an exclusive right granted for an invention which is a product for a process that provides in general a new way of doing something Oasis a new technological solution to a problem a patent provides protection for invention which is granted to unlimited period upto 20 years

Chronological development of Intellectual Property Right in India: –

  • 1947: Patents & Designs Act, 1911
  • 1995: India joins WTO
  • 1998: India joins Paris Convention/PCT
  • 1999: Patent amendment provided EMR retrospectively from 1/1/95
  • 2003: 2nd amendment in Patents Act:-Term of Patent – 20 years after 18 months publication,Patent Tribunal Set up at Chennai
  • 2005: Patents (Amendment) Act 2005
  • 1999 – 2005: Plant Varieties and Farmers’ Rights Act & Biodiversity Act. Designs, TM/Copyright Acts updated GI Registry set up at Chennai. IP Acts TRIPS Compliant

 

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