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Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Section 3(d) of The Patents Act 1970 has been the subject of much research interest due to its connection with preventing evergreening in pharmaceutical patents. This section was introduced after the TRIPS agreement, and may have been inspired by a similar provision in the E.U.’s Supplementary Protection Certificates regulation. It requires any patent for a new form of an active ingredient to demonstrate enhanced therapeutic efficacy. Continue Reading Examining the Origins of Section 3(d) in India’s Patents Act and Its…

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Revisiting Supplementary Protection Certificates of the European Union

Supplementary Protection Certificates (SPCs) are a form of additional patent protection for pharmaceuticals and plant protection products, granting up to 5 years of extra market protection beyond the standard 20 year patent period. The E.U has established regulations to ensure uniformity across member countries in the grant of SPCs, and over 20000 SPCs have been granted since 1993. Further study is needed to identify when and where SPCs are necessary to ensure they are used responsibly and do not unreasonably…

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