The Indian Patents Act has a provision to curb the practice of ‘evergreening’ of drug patents. Which of the following is the possible impact of ‘evergreening’ of drug patents?
It severely restricts the ability of companies to innovate.
It restricts the making of generic versions of the drug.
It restricts the National Pharmaceutical Pricing Authority (NPPA) to put a price control on essential medicines.
It restricts export of patented drug from India.
• Evergreening is a strategy adopted by Pharma a multinational corporation/companies (MNC) under which they make minute modifications to an existing drug and take a new patent for that.
• As a result, the generic drug makers in countries like India are not able to produce and market that drug. This makes the prices of the drug exorbitantly high for a continued period.
• Under section 3(d) of the Indian Patents Act, 2005, patent will be granted only if the invention is substantial and, thus, restricts the practice of evergreening.
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