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When we Think Of Pharmaceutical and
Biotechnology Industry One Issue that Comes to
Our Mind is Patent Protection. How Are Companies
Coping with Evolving Patent Laws? Ms. Suja Nair
Reports…….
May 16, 2009, Express Pharma
Is Protectionism a matter? ……… In both cases,
the ruling was against the MNCs and in favour of
generic companies. Both cases have been
highprofile
cases where landmark decision was given. Is this
a show or protectionism on the part of Indian
Judicial system towards generics? Expressing his
views, Mr. Tapan Ray, Director General, OPPI,
opines, “In its current form the patent laws
appear to be somewhat protective in nature
towards
the domestic generic companies. Absence of data
protection and less than adequate patent
enforcement mechanism within the country will
bear testimony to this fact. Probably because of
all such reasons, in the Pharma space, India is
attracting much lesser foreign direct
investments than China, in the post IPR regime.”
It seems that at present India needs a robust
enough patent management systems and procedures
within the country, for the countries own
interest. Such world class patent management
systems will be able to protect the long term
interest of the innovators of India and not just
for the acceptability by the West. Ray points
out. Take on patent law in India……… Mr. Tapan
Ray informs, “The patent management
strategies in our country are evolving and may
be for that reason, are not robust enough, as
yet. When we compare India with China, it can be
noticed that there is still some work needed to
be done. For instance there is a big gap within
the patent management system which undoubtedly
shows the absence of regulatory data protection.
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