Patents

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Bayer has lost its case challenging the grant of India's first-ever compulsory licence to Natco Pharma to manufacture an affordable generic version of an anti-cancer drug, but the celebratory air has to be tempered. The issue of what constitutes "local working" of a patent in India remains, in general, unsettled. This article looks at the legality of local working requirements under the Agreement on Trade-related Aspects of Intellectual Property Rights. It also analyses the interpretations of "working" by the Controller General of Patents, Designs and Trademarks, the Intellectual Property Appellate Board, and the Bombay High Court, and considers their broader implications.

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Recent changes in India's patent policy indicate a paradigm shift in seeking greater protection of intellectual property rights. On one hand, this has given rise to fears being expressed over the impending collapse of local firms; on the other, there is optimism amidst expectation of a large increase in patent activity of domestic actors. This paper analyses the impact of the policy shift, examines the ability of domestic players to adjust to a new patent regime and suggests guidelines to ensure the policy's accessibility to a majority of players.