[e-drug] Status of triple combination ARVs under Indian Act

["Chandra Gulhati" <seeemgee@yahoo.co.uk>]

E-DRUG: Status of triple combination ARVs under Indian Act (2)
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As per the Indian Law, medicines patented before January 1, 1995 (irrespective of the date of launch by Indian companies) can be freely marketed without any  arrangement with the innovator company irrespective of the expiry date of the patent.

Drugs patented subsequently up to January 1, 2005 (when the new Patent Law came into force) can be launched by manufacturers in India with approval from the innovators only.

If the drug has already been launched prior to January 1, 2005, the Indian manufacturer is required to make arrangements with the patent holder for continued manufacture and marketing.

However no compensation can be claimed by the patent holder for the preceding period when the drug was being manufactured and sold without consent of the patent holder.

What is important in Indian law is not the date of launch of a medicine or the expiry date of the molecule but the effective date of start of patent.

Dr. Chandra M. Gulhati
Editor, MIMS
(Monthly Index of Medical Specialities)
New Delhi 110019. India.
e-mail: seeemgee@yahoo.co.uk