Patent Rights in Pharmaceuticals in Developing Countries

Patent Rights in Pharmaceuticals in Developing Countries

Major Challenges for the Future

Jakkrit Kuanpoth

The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area.

Chapter 3: Patent Rules and Procedures: Indian Law

Jakkrit Kuanpoth

Subjects: law - academic, biotechnology and pharmaceutical law, health law, intellectual property law


ROLES AND FUNCTIONS OF THE INDIAN PATENT SYSTEM India is a country in South Asia with a population of approximately 1.1 billion people living in 28 states, 6 union territories, and the National Capital Territory of Delhi. In India, the system of patent protection has existed since the colonial period. The first patent law in India was the Patent Act 1856, which was repealed by Act IX of 1857. Subsequently, the Patents Act 1859 was adopted providing exclusive privileges to useful inventions for a 6 to 12-month period. Between 1872 and 1888, three acts were passed in order to improve patent protection, namely the Patents and Designs Protection Act 1872, the Protection of Inventions Act 1883 and the Inventions and Designs Act of 1888. Subsequently, the Indian Patents and Designs Act 1911 was adopted, replacing all the previous Acts, and for the first time it identified the Controller of Patents as responsible for the administration of patent matters. Patents in the colonial period granted exclusive rights to the person who introduced a new manner of manufacture into the country. The holder of the patent privilege had exclusive rights to make, sell, and use the product relating to the patented invention in India for the period of 14 years (amended to 16 years in 1930) (CGPDTM 2009). After India gained its independence in 1947, the Government of India appointed two expert committees, the Patent Enquiry Committee (1948–50) (chaired by Justice Bakshi Tek Chand) and the Patents Revision Committee (1957–59)...

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