2005年专利修正案:对印度制药公司的影响

Prantik Garai
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引用次数: 0

摘要

印度的专利法历史始于1911年。这一切都发生在独立之前。1970年的《专利法》是印度独立后的第一部专利法。它只对方法专利有规定,而对产品专利没有规定。因此,该过程可以获得专利,但最终产品却不能获得专利,从而产生了反向机制的概念。产品专利的缺乏帮助印度制药工业利用这一点,用不同的方法找到相同规格的药物。这帮助印度制药业蓬勃发展。在与贸易有关的知识产权协议签署后,印度有义务修改专利法并引入产品专利。本文的研究人员讨论了TRIPS的签署如何损害了印度制药业的利益及其对印度经济的影响。在他的论文中,研究者还将详细讨论专利法的修改及其利弊。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Patent Amendment Act 2005: Its Effect on Indian Pharmaceutical Company
India has a history of the patent acts starting form 1911. All happened was pre independence. The Patent Act, 1970 was the first patent act to the independent India. It had provision for only process patent but did not have any provision for product patent. Therefore the process could have been patented but not the end product which gave rise to the concept of reverse mechanism. Absence of product patent helped the Indian pharmaceutical industries to use this at their advantage and find out a drug of same specification by a different method. This helped the Indian Pharmaceutical industries to flourish. After India signed the TRIPS it was obliged to amend the patent act and introduce the product patent. The researcher in the article discusses how the signing of the TRIPS was detrimental to the interest of the Indian Pharmaceutical Industries and its effect on the Indian Economy. The researcher in his paper would also deal in details the amendment of the patent act and its pros and corns.
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