INDIAN PATENT ACT REVIZED TO APPEASE ITS CRITICS

19 June 1994

The Indian Patents Act, 1970, is being recast following the signing of the Dunkel draft on April 15, ostensibly to meet objections from its critics. It is proposed that a provision relating to product patents and the period of patent protection for new products be incorporated. The Act at present only recognizes process patents and patent protection is only for seven years.

Reports from India suggest that the protection period is likely to be fixed at 14 years for new products. However, the Dunkel draft provides for a ten-year transition period for effecting this change in the patent laws of developing countries.

Industry Arguments Worried about the possible affects of changes in patent legislation, the Indian drug industry has started putting pressure on the government to ensure that the changes do not impact on the medium- and small-sized units.

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