As the world is developing, the advancing of the medical sector is also crucial which benefits human lives. Hence, the needs for pharmaceutical patent protection is required to ensure the constant improvements of medical advancement. The pharmaceutical patent is a special patent that aims to ensure the protection for pharmaceutical product and process from being illegally duplicated by the generic version. The pharmaceutical patent is crucial since it acts as a motivation for pharmaceutical inventors to research and develops. In this dissertation, we will first discuss the history of the initiation of the TRIPS Agreement. During the process of creating the current existing pharmaceutical patent regulation, specific international conferences were assembled.
Further discussed in this dissertation, we will also look into the national pharmaceutical law. However, we will only look into several pharmaceutical patent law in certain countries to limit our scope. In this dissertation, the main focus is on the pharmaceutical patent legal practice in India. As going to be discussed in this dissertation, after the case of Gleevec, the international society has set its focus on Indian pharmaceutical patent law. In the national legal regulation of India, there is a huge controversy of the implication of section 3(d) of the Indian patent act. Hence, in this dissertation, we will also analyze the legality of section 3(d) with the support from case studies.
Moreover, we will also compare Indian pharmaceutical patent law with pharmaceutical patent law from other developed countries. At the end of our dissertation, we will recommend for India to improve its national patent law. Furthermore, we will also suggest some recommendation for Cambodia for its pharmaceutical law improvement.