Public Interest (Healthcare) Concerns in Indian Patent Regime

person icon Muralidharan R

Public Interest (Healthcare) Concerns in Indian Patent Regime

Explore the intricate relationship between public health and patent laws in India

updated on icon Updated on Dec, 2023

language icon Language - English

person icon Muralidharan R

architecture icon Patent,Law,Intellectual Property,Healthcare

Lectures -16

Duration -4 hours


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Course Description

Public Interest Healthcare Concerns Under Indian Patent Regime

Welcome to our comprehensive course, "Public Interest Healthcare Concerns Under Indian Patent Regime." In this course, we will explore the intricate relationship between public health and patent laws in India, focusing on the critical issues surrounding healthcare, pharmaceutical patents, and public interest.

The course offers a series of engaging lectures that delve deep into various aspects of the Indian patent regime and its impact on healthcare. We will begin by examining the distinction between patent regulations for lifesaving drugs and lifestyle drugs, understanding how these differences affect public health and accessibility to essential medications.

Next, we'll take a historical journey to understand the evolution of independent India's restrictive patent regime. By exploring the development of patent laws, we can grasp the rationale behind certain provisions and how they aim to address public health concerns.

One of the essential components of the Indian Patents Act is Chapter XVI, which deals with the working of patents. Throughout the lectures, we will analyze this chapter and its significance in ensuring that patents are put to use for the betterment of society, especially in the context of public health.

A significant landmark in Indian patent law is the Novartis case and Section 83 of the Patents Act. We will closely examine Section 83, which emphasizes the need to balance patents with public interest, and how this principle played a crucial role in the groundbreaking Novartis case concerning access to essential medicines.

The controversial practice of evergreening of patents will also be explored, shedding light on how it impacts access to affordable healthcare. Additionally, we will delve into the provisions of Section 84(1) of the Patents Act, which allows for compulsory licensing. Understanding this section is crucial to comprehend the circumstances under which essential medicines can be made accessible through compulsory licensing.

Throughout the course, we will analyze prominent patent cases and their implications on public health. For instance, we will closely examine the Lipitor case, which had far-reaching effects on the availability of generic drugs in the Indian market. The course will also include a detailed case study of Lipitor, unraveling the legal intricacies and the impact on public health.

We will then explore the Omeprazole case and discuss its relevance, especially in the context of the Covid-19 pandemic. This case provides valuable insights into healthcare access during emergencies and the role of patents in such situations.

The course will also cover the general principles guiding the grant of compulsory licenses and their application in the healthcare sector. By studying the Natco vs. Bayer case, we will gain insights into how legal battles between pharmaceutical companies can impact access to life-saving drugs.

Finally, we will examine Section 92A of the Patents Act, which deals with the revocation of patents in public interest. Understanding this section is crucial to grasp the mechanisms through which patents can be challenged and revoked for the greater good of public health.

By enrolling in this course, you will have the opportunity to learn from experienced professionals in the legal and healthcare domains. The lectures are designed to provide a comprehensive understanding of the complexities and challenges at the intersection of public health and the Indian patent regime.

Join us on this enlightening journey to explore the nuances of Public Interest Healthcare Concerns Under the Indian Patent Regime and equip yourself with valuable insights that will deepen your understanding of this vital subject. Enroll now and take the first step towards becoming well-versed in this critical area of study.


What will you learn in this course:

The students will learn:

  • Patentability of new chemical entities
  • Compulsory licensing of patents in India
  • Notification of Patented inventions for public use during emergencies or pandemics
  • Prevention of ever-greening of patents


What are the prerequisites for this course?

The Prerequisites are: 

  • Prior understanding of Patent Law
  • Interest in Pharmacology and Healthcare Delivery
  • Preferably, should have completed my course on Patent Agents Examination Training.

This course is specifically designed for: 

  • Patent Agent Exam Aspirants
  • Healthcare Professionals
  • IPR Law students and Professionals
  • Pharma and chemical Industry Personnel
Public Interest (Healthcare) Concerns in Indian Patent Regime


Check out the detailed breakdown of what’s inside the course

4 Lectures
  • play icon Different regimes for lifesaving and lifestyle drugs 13:34 13:34
  • play icon Independent India's Restrictive Patent Regime 16:17 16:17
  • play icon Chapter XVI: Working of Patents 16:28 16:28
  • play icon Section 83 of Patents Act 16:30 16:30
Prevention of Patent Abuses
4 Lectures
Case Studies
4 Lectures
Module 4
4 Lectures

Instructor Details

Muralidharan R

Muralidharan R

I am an Advocate, Law Lecturer, Registered Patent Agent & Mediator, Trademark and Patent Attorney. I am the Principal of Manu Associates, a law firm based in Bangalore, and I regularly fulfil professional commitments in various cities. I hold degrees in both Biology and Chemistry (1976) and a Master’s Degree in International Law and Constitutional Law (1980).

During my final year of Law school, I had the honour of representing India in the Philip. C. Jessup International Law Moot Court Competition held in Washington D.C., USA (March 1979). Subsequently, I participated in a Program on Intellectual Property Law organized by the Washington Graduate School (USDA) in April 1988. I also attended the International Law Seminar organized by the International Law Commission at Palais De Nations, Geneva, Switzerland in 1991.

I was privileged to be one of the founding faculty members of the National Law School of India, Bangalore, where I worked as an Assistant Professor for four years. I continue to contribute as a guest faculty at NALSAR Hyderabad, IIM Bangalore, and NLSIU Bangalore. My articles have been published in both national and international journals, and I've played a significant role in enhancing awareness of Intellectual Property Rights and Cyber legal frameworks in India. I achieved this by being a Visiting Faculty in NALSAR PRO Patents, Cyber and Media Laws P.G. Diploma courses.

My involvement in legal circles includes being a Life member of the Indian Society of International Law, N. Delhi-1, and the Bangalore Advocates Association. Additionally, I am a Mediator at the Bangalore Mediation Centre, an initiative of the Karnataka High Court.

I regularly practice law in trial courts and various high courts, with some cases from the Karnataka and Madras High Courts being cited as binding precedents. I have also published research articles in reputable national and international journals, accessible through my blog: https://profmurali.blogspot.com/.

Participating as a Resource Person in Professional Improvement Programs on IP Law, Environmental Law, and International Trade Law is an important aspect of my engagement. I am actively committed to promoting IPR literacy in India, and I've organized skill development programs for law students, including moot court competitions in collaboration with Dr Ambedkar Govt Law College, Puducherry, where we've hosted the Tamil Moot Court Competitions for the past four years.

To further these initiatives, I recently commenced publishing courses on the online learning platform Udemy, aiming to enhance legal literacy among lawyers and individuals preparing for competitive examinations.

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