Conclusion:-

Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of

v Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of
Conclusion:-
Starting the paper with the research question that what is the concept of ever greening of patents which has
been answered by providing various definition and meaning provided by various dictionaries, the author has
moved forward to clear the concept of “generic drugs” which are the cheaper version of high-priced patented
drugs or medicines. Then the paper dealt with the provisions of TRIPS which in some manner deal with the
concept of ever greening in the form of Art. 27 and also the flexibilities provided by the same have also been
talked about. Moving ahead the provisions of Indian Patents Act, 1970 as amended by amendment of 2005
has also been discussed in detail wherein a detailed discussion revolved around section-3d and also the
prevailing controversy regarding whether the provision is in compliance with TRIPS or not has also been
discussed, the conclusion of what can be mentioned in the manner that since TRIPS has left it to the member
countries to adopt any manner so as to define the patentability criteria hence in no manner it can be said that
Section-3d is not in compliance with the provisions of TRIPS rather it has provided a universal suggestion
which need to be incorporated in TRIPS as well as in other national patent legislations so as to combat the
“ever greening of patents”. Though the scope of the paper is to deal the concept of ever greening as the main
root cause of “market colonialism” and increasing monopolistic trend in patent regime by the huge giant
MNCs in the pharmaceutical sector hence the paper dealt with the concept of colonisation or colonialism
which can be understand as the process of gaining control over the weaker ones and unconventionally the
author has attempted to interlink the concept of colonialism with that of the trending concept in the IPR
regime. Moving on the line of “hypothetical colonialism” it can be said that yes ever greening leads to
“market colonialism”. Then lastly, certain measures to restrict evergreening which are incorporated under the
Indian Patent Law regime in the form of section3d and 2(1)(ja) and also the definition of “new invention”
have been talked about and all of which intend only to the concept that no patent protection should be
granted over the obvious form of already existing patented product and hence absolute novelty has been
made a stricter criteria of patentability.
Hence, the author concludes by stating that ever greening should not be appreciated as it not only threatens
the economy of newly established domestic drug manufacturers but also in some or the other ways hampers
the right of