JEMTEC

Pharmaceutical industries are one of the major industries in India. They were popularly known for their ‘Reverse engineering process’ that is to say they used to decipher the product by different process and produce the generic version of the previous patented product. Before, Patent Amendment Act, 2005 as there was no product patent in India so, these pharmaceutical industries were able to produce the generic versions of the product. But after this 2005 amendment, product patent was introduced in the Act and with the advent of this product patent; it became difficult for them to produce the generic versions. As a result they were left with only two options, first either they can opt for voluntary license or they can opt for compulsory license. But generally the MNC’s resists themselves in giving voluntary license to generic companies as a result there was a huge problem being faced by these generic companies. The concept of compulsory license existed in the patent act from very beg