Celeste Lemos, B.Sc., LL.B., and Registered Patent Agent
ABSTRACT
The Indian pharmaceutical industry is a growing 50 billion dollars sector that is riddled with legal problems stemming from the ambiguities of IP law. The patent and trademark laws, designed to encourage the creation and safeguard the rights of inventors, are surrounded by grey areas that stunt the growth of the industry. This article delves into the intricacies of Indian pharmaceutical patent and trademark law, examining the challenges faced by stakeholders, including the impact of pre-grant oppositions, compulsory licensing, and the lack of patent linkage on the industry. It also delves into the paradoxes of trademark law, specifically concerning pharmaceutical trademarks based on International Non-Proprietary Names (INNs), and the dangers of confusing medicine names. It also underlines the growing problem of counterfeit drugs, and the extreme precautions that must be taken in order to avoid them. The article concludes that the IP laws need to be reformed in a way that they encourage innovation, but at the same time ensure affordable healthcare, and that a robust, efficient Indian pharmaceutical industry is created.
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