Natco vs. Bayer ( Controller of Patents, 2012) Case Analysis

Thesis on Patents, Public Health and Developing Countries while talking about Indian patent law and overall impact of Patents on Public Health.

SSRN Electronic Journal, 2000

Access to affordable drugs for the treatment of HIV/AIDS and other diseases is increasingly challenging in many developing countries such as Brazil, South Africa, and India. These challenges are in part the result of strengthened patent laws mandated by the 1994 Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty. However, there are underutilized instruments within TRIPS that governments can use to limit the adverse effects of patent protection and thereby ensure a supply of affordable generic drugs to their people. One such instrument is compulsory licensing, which allows generic manufacturers to produce pharmaceutical products that are currently subject to patent protection. Compulsory licensing has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV. This Article explores the feasibility of compulsory licensing as a tool to facilitate access to essential medicines within the current patent regime in India, drawing on the experiences of other countries.

World Patent Information, 2003

A brief summary is provided of the progress that India is making in adjusting its laws to meet the requirements of TRIPS and the World Trade Organization, e.g. in designs, trademarks, copyright, geographical indications of goods, plant varieties, farmersÕ rights, biodiversity, and patents. The latest amendments to the Patents Act 1970 are then described, including harmonisation of the patent term, redefinition of patentable subject matter, matters concerning deposits of biological materials, oppositions, revocations, the working of patents, compulsory licences, and the reversal of the burden of proof in infringement of process patents. Finally the author refers to the need for some further legislation before India can become fully TRIPS compliant, e.g. primary legislation regarding product patents, data protection, competition and the protection of undisclosed information, as well as the Rules needed to fully implement some of the existing Acts.

This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs)1 such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues.

2017

The Access Regime, Patent Law Reforms for Affordable Medicines Ali, Feroz, Oxford University Press, 2016 ISBN-13: 978-0-19-946348-0 Hardcover, pp 263 + xxxviii Price: $60 Danny Friedmann The Republic of India, never a stranger to defining its own path of development,1 realized that different jurisdictions have different needs. The leaders of this populous developing country have made full use of the policy space available to them to make long term decisions to guarantee affordable medicines and create a thriving generics pharmaceutical industry in the process. The book takes the reader from the Indian Patents and Designs Act of 1911 via the Chand and Ayyangar Commitees in the sixties, when medicines were not affordable to most Indians, to the Patents Act 1970 and further. The Patents Act 1970 introduced a prohibition against granting product patents for medicines but allowed process patents for medicines. This prohibition, which lasted until 2005, helped create an indigenous pharmaceutical industry, where generics companies ingeniously worked around patented processes. The generics and active pharmaceutical ingredients were not only in great demand domestically, but also in developing countries that lacked the capacity to manufacture medicines.