MUMBAI, FEBRUARY 21: The Bombay High Court on Monday urged the Government, through its counsel, to take a relook at some allegedly objectionable amendments to the Patent Rules, 1972, especially with respect to certain public interest matters under Section 24 (D) of the Patent Act.The court was acting on a case pertaining to certain objections raised by the Indian Drug Manufacturers' Association (IDMA).
The final hearing on the part-heard matter has been scheduled for February 24 and the bench, presided by acting chief justice Pandiya and justice Ranjana Desai, told the Government counsel DY Chadrachud to urge the Centre to take a second look at certain areas. The IDMA was represented by advocate Soli Cooper assisted by NB Zaveri.
The IDMA had earlier maintained that while Section 24 (D) (1) of the amended Patent Act leaves the scope of the term public interest open, patent rules number 33 (o) restricts this safeguard clause to cases of national emergency and other circumstances of extreme urgency.
Indications are that Monday's hearing covered three allegedly objectionable areas as stipulated by the IDMA. These are rules pertaining to public interest clause, rules on tests to be conducted either in whole or part thereby creating difficulties in enforcing the cut-off date of January 1, 1995 and certain areas covering the compulsory licensing provision.
Experts had earlier maintained that since the Patent Rules are meant to carry out the provisos in the Patents Act, there is no need for it to supersede the basic act.
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