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Posts Tagged "Section 3 (d)"

Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?

Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an aggressive move, tried to attack its validity by stating that the spirit of the section is not in compliance with the TRIPS. This move, which could hamper India’s pharmaceutical Industry, was effected by the US and Switzerland by challenging Section 3(d) in the WTO arena by reviving the principle of ‘Non-violation complaints’ which allows a Country to question the policy of another member country even if there is no actual violation of an agreement.

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