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After initial jubilation, India’s local Pharmaceutical firms dissatisfied over new Patent law – here is why
Indian local Pharmaceutical companies after initial jubilance have quickly understood that they have lost quite a bit.
Indian firms were hoping that with the permission of national Governments, they can override the Product Patent law and provide drugs to that nation.
Compulsory licensing is a TRIPS-compliant provision that empowers national governments to allow manufacturing of patented drugs under specific circumstances like national emergency, extreme urgency and public non-commercial use. CL can also be issued in case of non-working of patent in the territory of India.
However, the option with the patent-seeker to demand early publication of the patent application under section 11 A permits him to prevent research and development work on pre-patent information.
That is not good for the Indian manufacturer.
Here is an example:
Let us assume that an African country due to an outbreak of an epidemic allows manufacturing of a Patented drug. Then an Indian company can violet the patent and legally manufacture and supply the drug to the country. This was the hope of the Indian Pharma companies. But that can only be done if the Indian company has done enough research to come up with a manufacturing process for the drug. Section 11 A will prevent Indian companies to do the research in advance and be ready for a Compulsory License.
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