Right Vs. Patient's Right

Abstract

The Indian Patent system owes its origin from British rule in India. Act VI of 1856 based on British Patent Law of 1852, provided exclusive privileges to the inventor for 14 years. The Patent and Designs Act, 1911 introduced during the colonial rule was reviewed and enacted the Indian Patent Act, 1970 which deals with process patents and acted as an effective tool in laying a strong foundation for the growth and development of pharmaceutical industry in independent of pharmaceutical industry in independent India. [1] The main provisions contained in this Act were permitting process patents of chemicals excludes pharmaceuticals and reducing the term of patent for process to 7 years from the date of application and for all other patents it was fixed for 14 years. TRIPs are one of the agreements reached at the conclusion of the 1986 - 1994 Uruguay round of the GATT Multilateral Trade Negotiation. All the WTO members will be members in TRIPs' Agreement, which came into force in 1995. 2 In recent years, intellectual property protection for inventions relating to health care was one of the major debated areas. The major concern was the need to facilitate access to essential medicines at affordable cost to the large section of the population in the developing and least developing countries. The problem is that the most dangerous illness in the world such as HIV/AIDS, malaria and tuberculosis are widely spread across the developing countries. [1] 1. Shashi Sharma, "New Patent Regime IN India - Challenges and Future of the Pharmaceutical Industry, http://www.works.be.press.com/cgi/view content.cgi? Article.