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Report No. 167

1.6.4. In his subsequent article entitled "Part II: The Paris Convention.-

A Constitutional-Dialectical Critique", Justice Krishna Iyer in the aforesaid published book observes that Justice Ayyangar report on the Revision of Patents Law has established the case for limiting patents to specific processes but not generally to products. Ingenious ways devices by creative genious to reach the same product are thus kept alive for public good. Justice Iyer views that foods and medicines are not patentable inventions. The apprehensions projected by him are that MNCs dump banned drugs, phoney tonics and brands rackets. And through glamorous high voltage propaganda rob the people through psychic blandishments.

Another author Surender, J. Patel in his article "Indian Patent Act (1970) and the Revision of the World Patent System and Paris Convention" in the aforesaid published book also projects that the monopolistic privileges granted to the patentees impose heavy cost burdens on the patent - granting countries. Similarly, N.N. Mehrotra in his article "Technological Innovation, Self-Reliance and Patent Protection - Indian Contexts and Paris Convention" published in the said book also projects its apprehensions in the following terms:-

"if there is a change in the Indian Patent Act the public will have to pay enormous sums through imports and have to wait for prolonged period for any other manufacturer to produce the product and break the monopoly. It will also no longer be mandatory for the patentee to work the patent within any stipulated time and therefore obtaining of the product patent, can be used to block, off potential competitors without indulging in production of a drug which may be very much needed by the people, but its production may not be associated with the highest of profits. Needless to say it will be drugs required for national health programmes and essential drugs that will be the ones most neglected."

1.6.5. And the said apprehension is evidently becoming true. When one purchases from the chemist an antibiotic of standard brand, he has to spare a hefty amount for the antibiotic tablets to complete the course. There has been sudden spurt in price rise of such antibiotics. In view of the above background, we proceed in subsequent chapter to analyse and conclude our recommendations.



The Patents (Amendment) Bill, 1998 Back




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