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The Access RegimePatent Law Reforms for Affordable Medicines$
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Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

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The Resurgence of the Public

The Resurgence of the Public

Chapter:
(p.37) 2 The Resurgence of the Public
Source:
The Access Regime
Author(s):

Feroz Ali

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199463480.003.0002

Indian reforms to patent law have drawn polarized reactions, however, the reforms have been in the making since India gained Independence and can hardly be classified entirely as a response to the TRIPS Agreement. Indeed, the Indian model shows that there can be an alternative to patent systems propounded by developed nations that favour the public and adhere to socio-democratic principles. This chapter highlights the transition of the patent model in India and describes the rationale for its current patent system. Further, this chapter examines the amendments brought forth to comply with the TRIPS and the amendments meant to ameliorate such compliances. The provisions of the Patent Act that were amended following the TRIPS and the manner in which they affect the Indian public are examined.

Keywords:   WTO, TRIPS, compliance, public, pre-grant opposition, patentability, section 3(d), validity, United States

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