Presentation Coverage “Flexibilities available under TRIPS agreement, cases of countries utilizing flexibilities, implications for Indian Industry for domestic and export market with special focus on biotech based pharmaceuticals ”. P.K. Ghosh President - Biotechnology,
“Flexibilities available under TRIPS agreement, cases of countries utilizing flexibilities, implications for Indian Industry for domestic and export market with special focus on biotech based pharmaceuticals”
P.K. GhoshPresident - Biotechnology,
Cadila Pharmaceuticals Ltd., Bhat Corporate Campus
Sarkhej Dholka Road, Bhat, Ahmedabad – 382 210
TRIPS AGREEMENT, CURRENT INDIAN PATENTS ACT & INDIAN BIOTECH INDUSTRY
IPR Seminar at Intas Biotech, Moraiya, Ahmedabad
September 26th 2005
Patents Act of Developed Countries
Indian Patents Act, 1970
REASONS FOR CONCERN
Developing Countries have therefore favoured lower levels of IPR Protection
Patentable Subject Matter1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial applications. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect order public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.3. Members may also exclude from patentability:(a) Diagnostic, therapeutic and surgical methods for the treatment of human or animals;(b) Plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui-generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.
PROTECTION OF MICROORGANISMS Act, 2005?
PLANT VARIETY PROTECTION Act, 2005?
PATENTING OF ANIMALS Act, 2005?
DISCOVERY AND INVENTION Act, 2005?
ETHICAL ISSUES Act, 2005?
Maintenance of activities of animal welfare, human dignity and preservation of natural living biological wealth are considered as natural to human beings. Therefore, inventions and activities which are contrary to these would trade upon ethical issues. Inventions in areas which do not conform to animal welfare or which bring down human dignity should not be considered to be inventions that are patentable.
SHARING OF GENETIC DIVERSITY Act, 2005?
Where developing countries can concentrate? Act, 2005?
Global sale of recombinant therapeutics Act, 2005?
(All figures in USD Million)
CONCLUDING REMARKS Act, 2005?
Patents Act of Developed Countries Act, 2005?
Indian Patents Act, 1970
TRIPS compliant Indian Patents Act, 2005
The Survival instinct shall manifest differently in different countries………..
THANK YOU Act, 2005?