Access to Medicines in the Light of Patent Law Regime in India: A legacy of legislation or Lease of the Judiciary?

Abstract This paper aims to trace the development of patent law regime in India, and analyze its evolution in response to globally influential intellectual property framework, such as TRIPS and pressure from developed countries US and Europe to open up her markets to permit cash-rich pharmaceutical companies to sell their drugs and receive patent protection in India. An observation of the legislative actions and judicial responses reveal that both the parliament and the supreme echelons of the judiciary have been tediously careful in protecting the health care needs of the poor by promoting the generic drug industry through a guarded interpretation of Section 3(d) of Patents Act, 1970. The objective of the paper is to critically analyze the legislative reforms and judicial interpretations of patent law in light of the socio-economic needs of the country.