The Evolution Of Patent Law In India And Its Impact On The Pharmaceutical Industry: A Study In The Light Of The Trips Regime
- IJLLR Journal
- Aug 16
- 1 min read
Kadiyala Venkata Sahitya, Ph.D. Scholar, KLEF College of Law, Koneru Lakshmaiah Education Foundation, KL (Deemed-to-be) University, Vaddeswaram, Guntur, Andhra Pradesh, India
Dr. Megha Ojha, Associate Professor of Law, KLEF College of Law, Koneru Lakshmaiah Education Foundation, KL (Deemed-to-be) University, Vaddeswaram, Guntur, Andhra Pradesh, India
ABSTRACT
The balance between the private interest of the inventor and the public interest in the dissemination of knowledge is at the heart of the IP rights system, with patent law playing a pivotal role. The Indian patent law has been drastically changed since the introduction of the Patents Act, 1970, which was originally a process patent law solely for the protection of domestic manufacturing; it has now become a full product patent law as per the ‘Agreement on Trade-Related Aspects of Intellectual Property Rights’ (TRIPS). The immediate and obvious effect of this change is on the pharmaceutical industry, as Indian legislation that did not grant product patents for drugs and chemical substances for more than 3 decades has made India one of the world's largest suppliers of generic drugs. This paper will trace the history of international and Indian (national) patent law, discuss the amendments to the Patents Act, 1970, in 1999, 2002, and 2005, and draw implications for access to medicines, innovation incentives, and the competitiveness of Indian pharmaceutical companies under TRIPS. The paper also examines the judicial attitude towards pharmaceutical patents and trademarks in India, then concludes by balancing public health concerns with incentives for innovation and recommending improvements.
Keywords: Patents Act 1970; TRIPS Agreement; pharmaceutical patents; product patents; generic drugs; compulsory licensing; intellectual property law in India.
