Conundrums in Administration of IPR in Pharmaceutical Industry in India

Author – Prateek Chandra, Student of Bennett University, Times of India Group

Best Citation – Prateek Chandra, Conundrums in Administration of IPR in Pharmaceutical Industry in India, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 701-706, ISSN – 2583-2344.

Abstract

With time, there are numerous developments in the pharmaceutical industry which came with certain problems concerning getting the particular drug & medicine to be patented following the Patents Act 1970 which laid down the criteria and conditions under which the patent can be granted to the inventor in the field of the pharmaceutical sector to achieve new drugs and medicine as a result following the laid down criteria in the patents act benefiting the public due to the manufacturing of drugs which are effective and cost-efficient.

This paper will enlighten the concepts of Patent Rights granted under the patent laws in the pharmaceutical industry and what are the major problems associated with the process of patenting a drug or medicine and it’s further licensing to other manufacturers. It will highlight the problems in getting patent rights and licenses by other manufacturers from the patentee to manufacture the drugs at an easy and affordable price with the help of compulsory licensing. Further, this paper will highlight the new measures and steps taken by the government to improve the current situation of Intellectual property in the pharmaceutical industry in India.

Keywords: Evolution of patent system, Problems, Compulsory Licensing, reforms.