CHALLENGES TO INDIAN PHARMACEUTICAL AND AGROCHEMICAL INDUSTRY WITH RESPECT TO THE REPEALED PROVISION OF EXCLUSIVE MARKETING RIGHT UNDER PATENT LAW: A STUDY
Authors: Mani Pratap Singh* And Sony Kulshrestha

ABSTRACT
The word “Patent” indicates a legislation which provides an exclusive and monopoly rights to inventor to protect their product or process and provides the protection for an invention. The Indian patent legislation covers all patents except pharma and agrochemical industries whereas these are patentable in developed countries. The developed countries are exploiting the Indian market by launching their products because the Indian pharmaceutical industry is unprotected due lack of policy for protection. This process will harm the invention process due to lack of protective parameters. In this article the researcher is relying upon the secondary data including reports of International Conventions and Treaties, textbooks, and various judicial pronouncements and focus is being made on the knowledge of the repealed concept of Exclusive Marketing Right, its significance and hurdles faced by these industries after its removal from the Patent Act of 1970 with special reference to pharma and agrochemical products. Keywords: Agrochemical, Invention, Infringement, Patent, Pharmaceutical, Product
Publication date: 01/12/2021
    https://ijbpas.com/pdf/2021/December/MS_IJBPAS_2021_DEC_SPCL_2039.pdf
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https://doi.org/10.31032/IJBPAS/2021/10.12.2039