The Indian Patent (Amendment) Act, 2005 & It’s Implication on Pharmaceutical Industry, in reference to Novartis vs. Union of India

  • Soumya Srivastava
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  • Soumya Srivastava

    Assistant Professor at School of Legal Studies, Babu Banarasi Das University, India

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The Indian Patent Act governs the granting and protection of patents in India, including those related to pharmaceuticals. Historically, India has implemented certain provisions in its patent laws that are aimed at balancing the interests of public health, access to medicines, and promoting innovation in the pharmaceutical sector. These provisions have had a notable impact on the pharmaceutical industry, both domestically and internationally. One significant provision is Section 3(d) of the Indian Patent Act. This provision imposes restrictions on the grant of patents for new forms of known substances, unless they demonstrate enhanced efficacy compared to the known substance. This provision is intended to prevent "ever greening" or extending the patent life of existing drugs by making minor modifications without substantial therapeutic benefits. It has been a subject of debate and has led to legal challenges by pharmaceutical companies seeking patent protection for incremental innovations. Another provision that affects the pharmaceutical industry is the compulsory licensing mechanism outlined in Section 84 of the Indian Patent Act. Compulsory licensing can be invoked in cases of national emergencies, public health crises, or when the patented drug is not available at an affordable price. The Indian Patent Act has also been a factor in the growth of the Indian generic pharmaceutical industry. India is known as the "pharmacy of the developing world" due to its ability to produce affordable generic versions of patented drugs.


Research Paper


International Journal of Legal Science and Innovation, Volume 5, Issue 4, Page 51 - 64


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