Effects of the Revision of the Chinese Patent Law and the Introduction of the Patent-approval Linkage System on the Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

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Clinical trials in the pharmaceutical industry: The scope of the research exemption under French patent law – clarification is still awaited

Journal of Commercial Biotechnology ◽

10.1057/palgrave.jcb.3040009 ◽

2002 ◽

Vol 9 (1) ◽

pp. 67-71

Author(s):

M Cousté ◽

F Jonquères

Keyword(s):

Clinical Trials ◽

Pharmaceutical Industry ◽

Patent Law ◽

French Patent

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Influence of Patent Law on Price of Medicines

Healthcare Policy and Reform ◽

10.4018/978-1-5225-6915-2.ch053 ◽

2019 ◽

pp. 1165-1181

Author(s):

Naina Singh ◽

Rajinder Kaur ◽

Rashmi Aggarwal

Keyword(s):

Pharmaceutical Industry ◽

Patent Law ◽

Poor Countries ◽

Regulatory Policies ◽

International Policies ◽

Patent Rights ◽

The World ◽

Randomised Controlled ◽

Developed Nations ◽

Aids Study

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.

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New Waves in Chinese Patent Law System

A Confucian Analysis on the Evolution of Chinese Patent Law System ◽

10.1007/978-981-13-9027-2_6 ◽

2020 ◽

pp. 103-114

Author(s):

Nan Zhang

Keyword(s):

Patent Law ◽

Law System ◽

Chinese Patent

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How Fair is Patent Litigation in China? Evidence from the Beijing Courts

The China Quarterly ◽

10.1017/s0305741019000754 ◽

2019 ◽

Vol 241 ◽

pp. 247-261

Author(s):

Chenguo Zhang ◽

Jin Cao

Keyword(s):

Intellectual Property ◽

Field Research ◽

Patent Law ◽

Intellectual Property Right ◽

Patent Litigation ◽

The Third ◽

Upper Limit ◽

Chinese Patent ◽

The Right ◽

Trade Partners

AbstractBy conducting field research and analysing judgments delivered in Beijing courts from 2004 to 2011, we find that the popular notion held by China's trade partners of the inadequacy of intellectual property protection is only partly supported by the empirical evidence. The likelihood of winning lawsuits is higher for foreign than domestic plaintiffs and the extremely low damages ruled by Chinese courts are due to particular causes. Courts lack consistent methods to calculate incurred losses in intellectual property right (IPR) infringements and consequently routinely apply the statutory damages whose upper limit is restricted by legislation. Efforts by Chinese legislators to enhance compensation by lifting the upper limit of awardable statutory damages in the Third Amendment of Chinese Patent Law (2008) did not seem to have an effect on our sample. Chinese policymakers should instead focus on the cause of the issue by providing more implementable guidelines for courts to calculate losses. Courts need to develop applicable conventions for calculating damages, based on objective criteria of how much compensation ought to be payable, which is also the basis of calculating reasonable statutory damages. Thus, the new provision of the “right of information” on pirated goods proposed by the ongoing Fourth Amendment provides a significant weapon to combat counterfeiting.

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