000970 Aditya Kant (NO, , New Delhi Chambers of Law, 1st Floor, 6, Babar Lane, Bengali Market, New Delhi-110 001) : Section 3(d): `new' Indian perspective. J Intellect Prop Right 2009, 14(5), 385-96.
Instead of the theoretical approach, this article attempts to visit the famed Section 3(d) of the Indian Patents Act from a practical viewpoint. Examining the relevance and actual working of this Section in the Indian context, this article not only emphasizes the need to retain it, albeit in a modified form, but it also attempts to strike a balance between the competing, and seemingly conflicting interests of various `interest groups' and their ideologies of various shades at different levels, viz. national v internationalism, under-developed/undeveloped/developing nations v developed nations, generics v innovators, Indian companies v MNCs, public interest v commercial interest, socialistic policies of a welfare state v capitalism, etc. While still advocating for its (modified) existence, this article does not restrict its advocacy to narrow traditional jingoism; rather, it urges the Indian stakeholders, especially the Indian companies and the Indian Government to use this nobly-intended provision as an `opportunity' to transform itself from the `inventing around' players to the `inventing' players, thereby enabling the nation as a whole to catapult itself into the big world pharmaceutical league. For the protection of incremental innovations, the author advocates enactment of a supplementary `petty' patent system.