In the context of the TRIPS agreement and Indian Patent Law, what does Section 3(d) of the Indian Patents Act aim to prevent?
- The importation of generic medicines from African nations
- The 'evergreening' of patents by pharmaceutical companies through minor, trivial modifications to existing drugs
- The compulsory licensing of life-saving cancer drugs during public health emergencies
- The copyright infringement of traditional indigenous knowledge
Answer: The 'evergreening' of patents by pharmaceutical companies through minor, trivial modifications to existing drugs
Section 3(d) is a critical public health safeguard in Indian law. It mandates that a new form of a known substance (like a new salt or polymorph) is only patentable if it demonstrates a significant enhancement in known 'efficacy'. This prevents big pharma from making tiny, ineffective changes to a drug whose patent is expiring just to secure a new 20-year monopoly and keep generic, affordable versions off the market.