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CII believes that the Supreme Court judgment denying Novartis a patent under section 3(d) of Indian Patents Act and Indian Controller General of Patent's decision invoking Compulsory Licensing (CL) in favour of NATCO for producing Bayer's patented cancer drug have been done as per the provisions of Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement as India's patent laws are fully TRIPS compatible.
The Calcutta High Court, in the Dimminaco case, acknowledged the lack of definitions for the terms "substance" and "manner of manufacture" within the Indian Patents Act.
Raju, Interpretation of Section 3(d) in the Indian Patents Act 2005: A Case Study of Novartis," 16-17.
The government also enacted the Indian Patents Act (IPA) in 1970, to provide legal recognition to process patents for food, medicine and chemical substances.
The Indian Patents Act has been modified in the past decade to bring it closer to TRIPS, but the government procrastinated on the most crucial step--the introduction of product patents--due to strong opposition by sections of the domestic pharmaceutical industry and public health groups.
During 1970, the Indian Patents Act (IPA) and the Drug Price Control Order (DPCO) were passed.
The new report includes additional sections on the Indian Patents Act 2005, the Indian pharmaceutical policy, an overview of Department of Biotechnology initiatives, including details of biotechnology parks, and an all-new set of profiles on life science research institutes.
It may be noted here that under the TRIPS agreement of WTO, all the signatory states are obliged to provide strong intellectual property rights (IPR) protection to both domestic and foreign entities, and the latest Indian Patents Act is a move towards compliance of TRIPS obligations within the agreed upon timeframe.