economics hard MCQ

In the context of the TRIPS agreement and Indian Patent Law, what does Section 3(d) of the Indian Patents Act aim to prevent?

  1. The importation of generic medicines from African nations
  2. The 'evergreening' of patents by pharmaceutical companies through minor, trivial modifications to existing drugs
  3. The compulsory licensing of life-saving cancer drugs during public health emergencies
  4. 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.

Topic International Economics - WTO
Exam Relevance UPSC Prelims, SSC CGL
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