Patents and Indian Patent Laws – Intellectual property rights IPR & their significance

Patents and Indian Patent Laws - Intellectual property rights IPR & their significance



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[Applause] hello and welcome to study IQ in this session let us see what is a patent and what is the Indian baton low so paitent and Indian baton low pay dent and Indian patent low first let us see what is a patent when we talk about baton three important things have to be noted so the first thing is that patron is an intellectual property right given for inventions inventions that is the first thing to be noted so it is given for inventions the second thing to be noted is that patent is for a particular period of time that this baton is for 20 years so granting of patent is for 20 years so there is a time period for the granting of patent so after this 20 years that is this 20 years is known as the protective period of the patent so after this protective period the baton becomes a off patent so after 20 years the patron becomes off patent the word off patent or off patent means that anybody can use this patented product after a period of 20 years so after the 20 years or after the 20 years of the protective period the baton is open to the general public anybody can use this patent anybody can use this technology or the invention to make the production or make the produce so after 20 years the paetynn becomes off patent and it is open to the general public for production the third thing to be noted is that according to the TRIPS Agreement every member country has to shift from process patent to product patent so from process painted the every member country has to shift from process patent to product patent that is product patent before we discuss about product phaeton and process page and let us see what is the history of patent in India history of patent law in India history of patent law in India the first patent law in the country was passed in the year 1911 in the year 1911 the fur paetynn lowers past in our country and it was passed by the British government so the British government British government the British government passed the patent law in India in the year 1911 like all of the laws passed by the British government this slowed the baton Louis also aimed at maximizing the profit of the British companies so the aim was to maximize maximize the profit of the profit of British companies companies the aim of the slovers to maximize the profit of the British companies so with this path and the British companies charge higher prices for their products the British companies charged charged higher prices higher prices for their products and this higher prices helped them to earn maximum profit for those firms an important thing to be noted under the British patent law is that it was a product peasant not the process patent it was a product patent not a process patent so this is very important it was a product phaeton you will understand why this is important when we discuss about product patent and process patent so the British passed the first patent law in the country in the year 1911 and this was a product stated the aim of this Louis to maximize the profit of the British companies by charging higher prices for their commodities in the year of 1970 the Indian Patent Act was passed in the year 1970 the Indian Patent Act Indian Patent Act was passed this is very very important you must clearly understand what does the Indian Patent Act this is very important so let us see what is the Indian Patent Act under the Indian baton that the government allowed for process patent also along with product patents so along with along with product patent process patent was also allowed process patent verse also allowed and this process patent was allowed especially in the and pharmaceutical sector allowed especially in food and pharmaceutical sector from silicon sector and this allowed the pharmaceutical companies to produce the drugs at a cheaper price so this allowed the pharmaceutical companies to produce their drugs a cheaper price so the drugs were produced at cheaper price if you notice we will see that from the UM 1970 that is the year when we passed the Indian Patent Act from the Year 1970 to the next 20 years that is the patent is for 20 years for the next 20 years we have seen we have seen a tremendous improvement in the production of drugs especially general drugs in the country so for the 20 years we will see a tremendous improvement in the production of generic drugs in the country let us see how it this has happened as we have discussed Payton is for a period of 20 years so after 20 years the Payton becomes off patent so after 20 years it becomes off patent it means that anybody can use the technology or the invention to make their produce so after 20 years it becomes off patent suppose a particular drug was paid ended and after 20 years what will happen it becomes off patent so after 20 years anybody can produce the drug so this will be known as generic drug under general blood the composition will be the same the product will be the same the drug was the same anybody can produce it under different names so it becomes a general drug so this is how India captured the world market of pharmaceuticals so India became one of the largest producers of pharmaceuticals and drugs in the world with this introduction of process patent we were able to sell our drug set cheaper rate so we were we we were able to export the drugs even to us cheaper drugs quality was good so this increased the production of drugs in India and we became one of the largest producers of drugs in the world in short we can say that the in reduction of process patenting was the reason for the growth the pharmaceutical industry in the country again in the year 1995 India join the trade organization so India joined WTO in the year 1995 what was the impact for the Indian intellectual property rights while joining the WTO let us see so under the WTO the member countries had to comply with the TRIPS Agreement the TRIPS Agreement voltage trips trips means trade related intellectual property rights good sis trade related related intellectual intellectual property rights property rights it is a multilateral agreement of the World Trade Organization in relation to the IPR or intellectual property rights so it is a multilateral agreement of WTO relating to the intellectual property rights so under the trips agreement or the trade related intellectual property rights agreement of the WTO every member country had to shift from process patent to product feted so under trips every member country every member country had to shift from process patent process patent to product patent the obligation was that every member country has to shift from the process patent to product patent but for different member countries different time period was given in order to comply with this agreement the developed countries developed countries had to comply with it within a period of one year so for the developed countries the time was one year for the developing countries like India the time was five years so within five years they have to comply with this agreement also unclose was given that in case of any emergency the developing countries can extend this time period of five years to another five years that is extension of five more years well granted five more years so the developing countries can extend this for another five years that is five plus five in total ten years and for the least developed countries or the LDCs the time period given was eleven years so they have to comply with it within a period of lavinius what was the implication of this trips agreement for India we said that under the Indian baton that we allowed process patenting along with product fattening especially in the drugs and food sector so what was the implication when we had to comply with the trips agreement within a period of ten year we were compelled to move back to the product page ending so within ten years India has to adopt product patenting product patenting in order to comply with this in the year 2005 we amended the Indian Patent Act in the year 2005 we amended the patent law amended paetynn low by lamenting the patent law the government had to ensure the interest of various stakeholders so parallel laws were also made some parallel laws were made in order to protect the interest of various stakeholders for example that price control order was passed drug price control order so under the drug price control order the prices of the essential drugs will not come under any law or conduct so under the drug price control order prices of drugs prices of essential drugs essential drugs will not come under any contract or low while complying with the TRIPS Agreement the most important thing the government had in mind was to control the prices so the government could not afford an increase in the prices of the drugs in order to keep the prices of the drugs under control we introduced section 3 D of IPR intellectual property rights section 3 D of the IPR it is very very important and you should clearly know what is a section 3 D of the idea let us see what is a section 3 D of the intellectual property rights the aim of any pharmaceutical company or any MNC would be to maximize their profit so aim of MNC or a pharmaceutical company would be to maximize profit profit maximization so what does generally do after the 20 years that is after 20 years this 20 years is the protective period for the patent after 20 years patron becomes off patent so after a patron becomes off patent worthless in menses or the pharmaceutical companies will do is they will appoint them they will appoint the research team appoint a research team so after this 20 years they will appoint a research team and this research team will come up with a conclusion that the efficiency of the drugs has gone down with this 20 years so 20 years before the particular drug was given the patent so the research team will come with a conclusion that now it has been 20 years and the efficiency of the drugs has come down so conclusion efficiency has come down and this research team will makes likely some differences in the patented product and they come up with new drug so they will come up with new drug and with this new drug they will apply for patent so with this new drug they will apply for a new patent a playful new patent and if the Patent Office grants them the patent they can use this drug for another 20 years so another 20 years they will have the monopoly so if agent is granted for the new drug with slight differences from the previously painted product another 20 years this company will have monopoly over the drug and this resulted in evergreening of patient evergreening of patent this term evergreening of patent is very important and you must understand what is evergreening of patent this process will continue what is evergreening of patent it means that when a patented product becomes of patent that is after 20 years the MN sees will appoint a research team and this research team will come up with the conclusion that the efficiency of the particular product or the drug has come down and they will make some slight differences in that drug and with the new drug they will apply for new patent but actually in fact the drug is the same there is only a slight difference and with this slight difference if the company or the pharmaceutical company or the MNC manages to get the patent they will have the monopoly for another 20 years for the same drug and this process is known as evergreening of patent section 3d of the intellectual property rights we're introduced in order to prevent the evergreening of patent so the purpose of section 3d of intellectual property rights is to prevent evergreening of patent evergreening of patent you must clearly understand what is evergreening of patent this is very very important term now let us see what is the section 3d of the intellectual property rights 3d of IPR the section 3 D of the IPR says that there should be an enhanced efficiency in order to get paid and for an already-existing done here you must clearly not down the world enhanced efficiency so the 3d section 3d of IPR says that an enhance the efficiency is required for getting a patent for an already existing done what is the section 3 D of the IPR section 3 D of the IPR the section 3 D of the IPR says that there must be an enhanced efficiency in order to occur patent for an already existing done so the word enhanced efficiency is very very important here the section says that there should be an enhanced efficiency so enhanced efficiency is required for acquiring patent for an already existing drug enhanced efficiency is required for acquiring patent for an already existing drug here you must clearly understand what is enhance efficiency this close is very important so in the definition itself they have given enhanced efficiency is required for acquiring patent of an already existing drug but the patent office has not given a clear definition of what does enhance the efficiency so but the patient office did not give a correct or proper definition for what does enhance the efficiency no clear definition was given by given by the patent office regarding enhanced efficiency the definition for the term enhanced efficiency became clear with the Novartis case so let us see what was the no artist case no artists case now artists is a multinational company dealing with pharmaceuticals so no artist is an MNC dealing with the pharmaceuticals and they applied for a patent for their drug Gleevec the drugs name is devack but the patent office take the application saying that there was no enhanced efficiency in the drug so the Patent Office rejected the application of the Novartis company saying that there was no enhanced efficiency the company approached the supreme court and in the landmark judgement the Supreme Court said that enhance the efficiency means therapeutic efficiency enhanced efficiency means telepathic efficiency the Supreme Court also said that minor improvement cannot be considered as therapeutic enhancement so minor improvement cannot be considered as therapeutic efficiency and therefore the supreme court also rejected the application of the Novartis company the Supreme Court also rejected the application of the Novartis company saying that there is no enhanced efficiency in their drug Gleevec and with this Supreme Court judgment the drug giver does not have patent in India there is no patent for the drug Gleevec in India so you must understand that the Supreme Court has given clear definition for what is enhanced efficiency so according to the Supreme Court judgment enhance the efficiency means there must be therapeutic efficiency and minor improvement in the drug cannot be considered as therapeutic efficiency and therefore the Supreme Court has rejected application of the Novartis company for the drug Gleevec the u.s. is against the section 3 D of our patron act that is the u.s. is against the section 3 of the intellectual property rights so section 3 D u.s. is against why US is against it because many of the multinational pharmaceutical companies in India are from the US and from the Western European countries so so with the addition of the section 3 D into the intellectual property rights it is difficult for a company to get paid and further already existing gun it has to prove enhanced efficiency in order get phaeton for an existing drug so now it is difficult for the u.s. multinational companies to get the patent for the already existing drug and this has lowered the profits and their business interests so us is against this and us says that India is very poor in intellectual property rights and us also says that India does not follow the TRIPS Agreement in its true spirit this is because of the section 3 D of the intellectual property rights and this has led to many debates us cannot actually go to the World Trade Organization for this section 3 D because it is under the trips but instead of going to the World Trade Organization what US has done this the US has added India into the priority watchlist so India has been put into the priority watchlist by the US so in days into the priority watchlist in the US so India is into the priority watchlist the next step us would take is an international sanction section 3 D of the intellectual property rights is important for us from the Indian context is that it has prevented evergreening of patent in India so section 3 D of the IPR has prevented evergreening of patent prevented evergreening of patent by following this Indian model many other developing countries has also adopted this section 3d India was the first country to adopt section 3 D but following India's path many developing countries has now adopted section 3 D India was the first country country to adopt this section 3d 3d following India many countries many developing countries has adopted this example is Brazil and this has created problem for us so many other developing countries also adopting this section 3d into the intellectual property rights has created a big issue for the u.s. now the u.s. multinational companies cannot go to these countries and then easily get a patent it has to prove enhance the agency for acquiring patent for an already existing that so this has created issues for us now let us see what are the advantages of the section 3d and what are the disadvantages of this section advantages the most important advantage is that the drugs became affordable drugs became affordable so and hence the efficiency has to be proved in order to gain a patent in the country so if a company fails to prove their enhanced efficiency they will not be granted patent so after this twenty years the product becomes off patent and any number of companies can produce the particular drug and this will increase the competition and the prices will come down and when the prices comes down it becomes affordable for many people that's so that was the most important advantage of addition of the section 3d of the intellectual property rights drugs became affordable because the prices has come down with the increased competition now anybody can produce the particular drug and it has improved the competition in the market the supply has increased therefore the prices has come down the second advantage is that now we are capable of producing even for other countries so producing for other countries when a patent becomes off patent we can produce it anybody can produce it and this surplus of production has led to the export of pharmaceutical products and drugs to other countries this has not only created a strong pharmaceutical sector in the country but it has also helped India to produce drugs for poor countries like Africa the third advantage is that India has set a model for other developing countries in order to adopt this close as we have already discussed the Brazil example so other countries also adopted this model from the Indian model so now the multinational companies cannot go to those other countries who have adopted this close so this countries also will be protected from the evergreening of patents now let us see what are the disadvantages of this section 3d of the IP are disadvantages the first disadvantage for India was that the US has put us in the priority watch list priority watch list and another thing we must not here is that India has very rarely used this section 3d of the idea so in 2017 18 19 days period many of our patents will become off patent so many patents will become off patent and we must watch what will happen in India during these periods here you must note one thing India has allowed 100 percentage FDI in pharmaceuticals so 100 percentage of FDA is allowed in pharmaceuticals and then in this period that is seventeen eighty ninety two thousand seventeen eighty ninety many of our patents will become off patent and we should carefully see what will happen because we have a lot of 100 percent FBI in the pharmaceutical sector many immense ease would come to India and apply for patent so let this closely watch what is going to happen in this period [Applause]

31 thoughts on “Patents and Indian Patent Laws – Intellectual property rights IPR & their significance”

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  2. Suppose i m working in mnc, need to know whether i should go with my mnc to register my patent on behalf of me or i should go and file it individually. Which will be more profitable.. if my company files patent for me, then will i get the ownership on my patent..?

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