Log has written
FRIDAY, NOVEMBER 27, 2009
Cos rush to exploit patent law loophole
Local firms can import generics made in least developed countries without authorization of the patent holder
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Acording the Indian patent Act Section 107A (2) allows to import the generic drug from a local firm who is authorize to sell or import the drug. so the genmeric drug can be import not only least developed country where the product patent regime still does not exist but also from other countries where the patentee has not filed his main patent or from the country where the product patent has got expired. This could definitely violate the TRIPS aggreement but indian judisian has to amend the certain relevant sections to comply with the TRIPs agreement. Otherwise this would bring serious implications on patent filing by cos in india until 2016 when product patent regime will be in force in least developed countries.
Tapesh
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