Patent in Respect of Medicine & Drug with Special Reference to the Case of Novartis
Galgotias University, Greater Noida, India
Volume II, Issue I, 2018
Intellectual property contains various types such as trademark, patent, copyright, geographical indication, industrial design etc. Intellectual properties which are tangible can only be protected through IP rights. These properties like any other properties can be sold, mortgaged, licensed, exchanged or gifted. Patent is one of the major type used in the pharmaceutical market. Patent is a contract between the applicant/inventor and the government, where the government provides full protection to the invention of the inventor for a specific period of time, which means that without the permission or consent of the inventor nobody can use his creation. The usage of drugs and medicines has never gone out of business and people are also present who are willing to pay high amount of money for it. In India large part of the population are unable to afford medicines for themselves as the poverty ratio is very high in compared to other developed countries. India has always tried to improve its pharmaceutical law by implementing and amending the Patent Act time by time. With the rapid growth of industrialization it is very difficult to maintain a healthy completion between the pharmaceutical markets. India being a member of Trade Related Aspects of International Trade (TRIPS) since 1994 has mandate the protection and need of drugs and medicines needed for the poor. Major changes through 2005 amendment has been introduced in Indian Patent Act 1970, such as section 3(d), compulsory licensing, transfer of patent rights etc. In this article we will see how amendment has been done for restricting the big companies in abusing their dominant position, with special reference to the Novartis case.