Abstract

Creation of mind in today’s world creates a global impact in various industries. Especially in space of pharmaceuticals whereby few minor modifications to the existing drugs helps the company to acquire patent rights without any legal difficulty. According to WTO Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. In India The Patents Act, 1970 provide security against evergreening effect but there is always an exception in law based on which we observed evergreening of drugs in recent case of DOLO. Whether the process behind the making of such drug can be patented? again a question arises. This research paper will analyze the effect of Patent, evergreening effect; considering DOLO as Case Study along with analyzing the evolution of history of IPR in India w.r.t the pharmaceutical industry in India. This research paper will try to analyze the current loopholes and ambiguities in law and to overcome the same. This research paper also emphasizes on the aspect that how can exploitation can be curbed with certain potential and sustainable solutions.

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