Patent Laws In India: The Killer Innovation

Geetansh Malik, OP Jindal Global University

ABSTRACT

India is a prominent producer and exporter of generic pharmaceuticals, which are more affordable compared to proprietary drugs. However, India continues to have difficulties in assessing public health and advancements in the pharmaceutical sector. In 2005, the Indian Patent Act was modified to align with the TRIPS Agreement. This amendment included certain exemptions designed to avoid the indefinite extension of patents and to guarantee access to vital medications. The mentioned elements encompass Section 3(d), which establishes a more stringent criterion for the patentability of novel variations of existing products, and compulsory licensing, which authorize the government or third parties to issue patents in specific circumstances without the patent owner's consent. This article draws upon the legal cases of Novartis AG, Bayer and the turmeric case. This essay also examines the consequences of these events for the future of pharmaceutical research and public health in India and other regions.