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India‘s Use of Patent Opposition Mechanism as an Access to Drugs Strategy: An Empirical Analysis

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title India‘s Use of Patent Opposition Mechanism as an Access to Drugs Strategy: An Empirical Analysis
 
Creator Abbas, Muhammad Zaheer
 
Subject Access to Medicines
India
Patent Opposition
Public Health
Section 3(d)
TRIPS Flexibilities
 
Description 253-264
Global public health has emerged as a formidable challenge in modern times. India‘s patent opposition model shows how this legitimate safeguard can be used to alleviatesome of the burden on global health systems by improving access to affordable health technologies. India smartly linked its patentability threshold provisions, Sections 3(d) and 2(ja) of The Patents Act, 1970 (amended in 2005), with its procedural safeguard of patent opposition.This paper presents empirical data on the use of patent opposition procedures in India. The three-step method is adopted to statistically evaluate the practical use of India‘s patent opposition proceedings.Statistical data is collected on 249 patent opposition cases from IP India‘s official websiteto answer and analyse around 150 questions designed to highlight overall trends in the use of the Indian patent opposition mechanism. This paper summarizes the important findings of the statistical data. The main finding of this study is that India‘s well-thought-out patent opposition model has remained under-utilised, especially by non-corporate entities.
 
Date 2024-07-05T09:46:50Z
2024-07-05T09:46:50Z
2024-07
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64205
https://doi.org/10.56042/jipr.v29i4.3704
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.29(4) [July 2024]