Print Friendly, PDF & Email

It is crucial to strike a balance between granting patent rights and promoting the public interest, particularly in sectors such as healthcare, agriculture, and environment. Examine.

Topic: issues relating to intellectual property rights.

3. It is crucial to strike a balance between granting patent rights and promoting the public interest, particularly in sectors such as healthcare, agriculture, and environment. Examine. (250 words)

Difficulty: Tough

Reference: Indian Express ,Insights on India

Why the question:

The Delhi High Court last week upheld an order by the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA), revoking the intellectual property protection granted to PepsiCo India Holdings Pvt. Ltd with respect to a potato variety developed by it.

Key Demand of the question:

To write about the issues with the granting of patents and the need for a balanced approach regarding it.

Structure of the answer:

Introduction:

Give a brief introduction of what is Patent.

Body:

Give its significance to India. Mention section 146(2), Patents Act, 1970 a unique provision not found in patent laws of most other countries. Talk about its needs for India as a developing country and mention the example of a Compulsory license for the production of Bayer Corporation’s Nexavar. You may mention, the amendment to the Patent Rules, 2020 and form 27 which has caused dilution of section 146(2).

Next, list down a few issues- at the national as well as at the International level.

Then, suggest solutions for it.

Conclusion:

Conclude with a way forward.