Patent Regime – Past Present And Beyond The Road Ahead - Lipika Pain

Development of India’s patent system went hand-in hand with the country’s journey from colonization to independence to the recent globalization era. A cursory glance identifies three distinct phases in such transformation. In the first phase coinciding with the “colonial” period and effectuated during the latter half of the 19th century, the first patent statutes was enacted by the British on 1911. Thereafter on gaining independence in 1947, efforts towards development of independent patent laws were taken up. In 1970, India’s patent act developed within the framework of Great Britains Patents Act, 1949 which was enacted and entered into force as an element of the second phase which embodied the features of lessening social costs imposed by largely foreign-owned patents apart from prohibiting patents on essential products as medicines and food, significantly expanding the availability of compulsory licensing besides, shortening the term of chemical process patents marked the  distinguishing aspect of the Act. Then came the “globalization” era whereby, the need to have a Patent framework that can take within its realm, the features of intellectual property within GATT framework as a prelude to the eventual entry to the World Trade Organization (WTO), along with getting access to the Paris Convention for the Protection of Industrial Property as well as entry to the Patent Co-operation Treaty (PCT), were considered to be of indispensible importance. On April 15, 1994, India became a member of the WTO effective from January 1, 1995 wherein India was given 10 years time period to comply with the minimum standards of WTO regarding intellectual property.  A further amendment of the Patents Act 1970 called the Patent Amendment Act 1999, was introduced towards TRIPS compliance, the introductory steps comprised of attainment of exclusive marketing rights agreement for all new products and the mail box procedure.  A further amendment to the Patents Act in 2002 brought in, enhanced patent protection to 20 years from filing. Such a feature brought India on par with the term of protection granted by the majority of other countries. Finally on January 1, 2005 India fully enforced the pharmaceutical product patent via the Patent (Amendment Act), 2005.  It remains to be seen how far the rejuvenated Indian Patent legislation can accommodate the drive in industrial change and foreign investment that beckons her economy in this age of market economy.