Striking A Balance: The Intersection Of Patent Holder Rights And Public Health In India
- IJLLR Journal
- Mar 30
- 1 min read
Shruti Nair, Amity University, Uttar Pradesh Amity Law School, Noida
ABSTRACT
A controversial topic in intellectual property law is evergreening, a tactic used by pharmaceutical firms to increase patent protection through small- scale modifications. In order to protect patent holders' rights and guarantee that they receive sufficient returns on their significant R&D investments, this article makes the case that evergreening is crucial. In India, a strict efficacy barrier imposed by Section 3(d) of the Patents Act, 1970, which was intended to prevent evergreening, violates fundamental rights and disproportionately benefits the public's access to reasonably priced generic medications. This study illustrates how India's strict framework differs with more balanced systems that encourage innovation while attending to public health concerns by contrasting its approach with that of other third-world nations, including Brazil, South Africa, and Thailand. This study examines the detrimental effects of Section 3(d) and argues for a rebalanced relationship between the public and patent holders by analysing important case laws.
