- India’s Patents Act, 1970, was amended in 2002 and 2005 to be TRIPS compliant.
- Implications:
- Product Patents: The 2005 amendment allowed product patents for drugs, which were not allowed under the 1970 Act (only process patents). This meant foreign pharmaceutical companies could now patent their drugs in India.
- Compulsory License: The 2002 amendment substituted provisions related to compulsory license (Section 84). This allows generic manufacturers to produce drugs under certain conditions (e.g., if patent owner is not supplying or price is not affordable).
- Affordable Medicines: The decision to prevent “evergreening of patents” helps maintain affordable and accessible supply of generic medicines.
- Global Recognition: Compliance with TRIPS helps India’s pharmaceutical industry gain global recognition.