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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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