Intellectual Property

1970

The Patents Act, 1970

The pharmacy of the world

Based on the Ayyangar Committee report, the Patents Act 1970 allowed only process patents, not product patents, for food, medicines and chemicals, which let Indian firms make cheap generic versions of patented drugs. To comply with TRIPS, product patents were introduced in 2005, with safeguards such as Section 3(d) and compulsory licensing.

• Only process patents for drugs until 2005.

2012

Natco v. Bayer: India's First Compulsory Licence

Nexavar

In March 2012 the Controller of Patents granted India's first compulsory licence to Natco Pharma to make a generic version of Bayer's cancer drug Nexavar (sorafenib), which was sold at about ₹2.8 lakh a month, on the grounds that it was not available at a reasonably affordable price. Natco was to pay a royalty of 6%.

• First compulsory licence in India.

1999 Act

Geographical Indications

Darjeeling tea first

The Geographical Indications of Goods (Registration and Protection) Act 1999, in force from 2003, protects products identified with a place, such as Darjeeling tea (India's first GI, registered in 2004–05), Mysore silk, Kanchipuram silk, Madhubani paintings and Basmati rice. The GI Registry is in Chennai.

• First Indian GI: Darjeeling tea.
• GI Registry: Chennai.

1997–2005

The Turmeric and Neem Patent Battles

Biopiracy defeated

In 1997 the US Patent Office revoked a patent on the wound-healing use of turmeric after India's CSIR showed it was known in traditional Indian medicine. In Europe, a patent on the fungicidal use of neem oil was revoked in 2000 (confirmed on appeal in 2005). These cases led India to create the Traditional Knowledge Digital Library.

• Turmeric patent revoked in the US, 1997.

1997–2001

The Basmati Patent

RiceTec

In 1997 the US company RiceTec obtained a patent on basmati rice lines and grains. After India challenged it, most of the claims were withdrawn or rejected, and the patent was narrowed in 2001 to three specific rice strains.