Biopharmaceutical Patents In India
- IJLLR Journal
- Mar 25, 2024
- 1 min read
Subah Angra, B.A.LLB, Amity Law School, Noida
ABSTRACT
Biopharmaceuticals, as pioneers in medical advancement, play a vital role in combating a range of illnesses such as cancer, autoimmune disorders, and infectious diseases. Within India, the landscape of biopharmaceutical patents has undergone notable transformations, shaped by a combination of regulatory adjustments, judicial interpretations, and international accords. This study endeavours to present a thorough examination of biopharmaceutical patents in India, delving into the trends, obstacles, and repercussions linked to their safeguarding and enforcement.
By scrutinising pertinent literature, patent repositories, and case analyses, this study sheds light on the influence of Indian patent legislation, notably the Patents Act of 1970 and subsequent revisions, on the biopharmaceutical sector. Furthermore, it scrutinises the roles of entities such as the Indian Patent Office, the judiciary, and regulatory bodies in moulding patent eligibility standards, compulsory licensing provisions, and strategies for patent litigation. Moreover, it assesses the impact of international agreements, particularly the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, on India's patent framework and its ramifications for the availability of affordable biopharmaceuticals.
By delineating the opportunities and hurdles inherent in biopharmaceutical patenting within India, this study aims to provide insights for policymakers, industry participants, and scholars into the intricacies of intellectual property rights within the realm of healthcare innovation.
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