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April 19, 2011

Trouble Looms in Amendments to Patent Act


The draft amendment to the Patent Act proposed by the Department of Intellectual Property includes several reforms and new additions to the current law. One of the most prominent changes which would directly affect research-based pharmaceutical companies is the new provisions on pharmaceutical compulsory licenses. These new provisions are to be added to the current law, under which the procedure for issuance of compulsory licenses by government departments remains ambiguous. The proposed amendment not only fails to address the existing ambiguity in the law, but could potentially add a new set of issues with respect to imports and exports of products manufactured under compulsory licenses.

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Edward Kelly