Participant Details :
Name – Jayant Bhardwaj
Contact No. – +91 – 9643818515
E-mail Id – jayantbhardwaj10@yahoo.com
Institution – Symbiosis Law School, Noida
Course & Year – BBA.LLB, 1st year
Title – “Patent – A Subtle Massacre”
Introduction
Section 3 of the Indian Patents Act specifies that anything which is frivolous and defies natural law cannot be patented. I, thereby condemn, patents themselves as something which defy natural law of justice itself. Anything, which acts as an obstruction for development of humanity as a whole, something which is as crucial as being procured for emancipation of mankind, how can it be held in the shackles of patent rights.
The basic premise that arises is that how and why should patents be there? This is because someone who is investing into medical sciences expects it to reap it for them. But are we, as humans, okay with materializing human lives themselves? Medicines which require serious and supposedly lucrative patent rights are indeed the ones which the mankind needs with utmost urgency. This is the reason any organization is ready to invest into its genetic decoding so that its extravagant brandishing reaps in long run. But isn’t that fooling our own selves. Just like we have environmental laws because we cannot let any human make money on the cost of our most revered environment, then how can we allow organizations to obtain patent rights over a particular product so that they large heavy amount over it, and make it impossible for a patient to access it, thereby defying our own concern for wellness of mankind? Patents on medical and surgical procedures might also encompass surgical or diagnostic instruments and drugs. Now since the all these spheres come under patent right restriction, then how do we expect medical sciences to penetrate through the technical advances when all its centric and peripheral growth aspects have been hampered within.
I propose government funded research initiatives, which on one hand facilitate quality research devoid of prejudice and moreover the burden will be subtle as it’ll be supported by the cushion of tax payers’ slabs which have been demarked on the basis of income structures. This will further obviate the need to restrict medicinal procurement as and when in need. For instance didanosine, lamivudine, nevirapine, stavudine and zidovudine , being major drungs for anti-AIDS medicines were developed by public head finance.