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Inhalers and Intellectual Property in India: The Outlook Based on Recent Judgments

Choudhary Kapur S, Kumar A.

RDD Asia 2014. Volume , 2014: 123-130.

Abstract:

The jurisprudence in India related to patents (their interpretation, assertion of patent rights, invalidity of granted patents, etc.) is currently at a nascent stage of development. After India became a signatory to the TRIPS agreement1 (“Agreement”) and amended its Patents Act, 1970 (the “Act”) to bring it in conformity with the requirements detailed in the Agreement, the country has seen a deluge of patent litigation, where several provisions of the Act and their interpretation have been an issue. This article attempts to summarize the scope of the Act, including Section 3 that deals with excludable subject matter, and how the provisions of the Act have been interpreted by various Courts.