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A Critical Analysis Of The Impact Of The Trips Agreement On The Pharmaceutical Industry




Swetha Elizabeth Sabor, School of Law, Christ University

ABSTRACT:

The pharmaceutical sector in India is of significance due to the role it plays in matters of public health as well as considering the Trade Related aspects of Intellectual Property Rights Agreement apart from aiding in the public health, the entire sector is thriving in the global market due to the current health care demands of the society and patent protection given to the pharmaceutical sector under the Patent Amendment Act,2005. This amendment deriving its roots from the Trade Related Aspects of Intellectual Property Agreement it can act as a boon and a bane for the entire pharmaceutical sector if not implemented carefully balancing both public health and growth of the industry. The advantages of the TRIPS Agreement on the Pharmaceutical industry is such that Indian pharmaceutical businesses' approach to research and development (R&D) has evolved as a result of the TRIPS Agreement, and they are now investing more money in R&D. The global value chain (GVC) has been reorganised since the TRIPS Agreement was formed and has since extended to growing nations like India. Thus, Indian pharmaceutical companies have been taking part in the GVC in the post-TRIPS era. At the same time analysing the Amendments of the Indian Patent Act,1970 which has derived its roots from the Trade Related Aspects of Intellectual Property Agreement is necessary to be examined to study the impact of the same in the Pharmaceutical Sector. The conditions pre and post TRIPS will give an insight regarding the same wherein which concepts such as evergreening of Patents enshrined in Section 3(d) of the Patent Act becomes the focal point of discussion. Other aspects examined in this research paper includes Compulsory Licensing and landmark judgements rendered by the Hon’ble courts is looked into to substantiate the analysis drawn. Thus analaysing the impact of the TRIPS Agreement and the implications of the Amendments of the Indian Patent Act,1970 with specific reference to the Pharmaceutical industry is the objective to be achieved in this paper.

Keywords: TRIPS, Pharmaceutical, Patent Act, Evergreening, Compulsory License

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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