Whether Indian Patent Act TRIPs compliant for Pharmaceutical Business: A Case-based approach

Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement was negotiated during Uruguay round and GATT replaced by WTO. All the signatory countries had to abide norms agreement. They were asked modify their national IP laws as per requirement. India too incorporated required changes finally, Indian patent act became TRIPs compliant in 2005. Although, it claimed that has designed its action a most exhaustive form still, companies face lot litigation suits concerning infringement patented products. Issues raised at international forums stating are not fully flexibilities given for domestic firms which creates an unequal platform trade. In order reach substantial-conclusion on impact implementation functioning pharmaceutical industry (IPI) may carry with respect socio-economic life citizens India. The study considered some court cases related patents MNC’s along decision. Through these judgements thereafter found out is well place judiciary plays important role monitoring effective implementation.