CHALLENGES TO INDIAN PHARMACEUTICAL AND AGROCHEMICAL INDUSTRY WITH RESPECT TO THE REPEALED PROVISION OF EXCLUSIVE MARKETING RIGHT UNDER PATENT LAW: A STUDY Authors: Mani Pratap Singh* And Sony Kulshrestha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pronouncements and focus is being made on the knowledge of the repealed concept of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.pdfDownload PDFhttps://doi.org/10.31032/IJBPAS/2021/10.12.2039