DUE DILIGENCE

The term “Due Diligence” refers to the suitable care that one needs to undertake in respect of trademarks, for the purpose of making an informed decision so as to gather comprehensive information and documentation. Due diligence is recommended in the following cases

 

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‘Efficacy’ vis-a- vis S.3(d) of the Patent Act

The interpretation of ‘Efficacy’ vis-a- vis  S.3(d)  of the Patent Act

By the Patent Amendment , which came in to effect in the year 2005, India limited the patentability of the pharmaceutical substances to New Chemical Entities (NCEs) . It introduced section 3(d) in the Patent Act with the aim to prevent ever-greening which excludes incremental innovation from patent protection unless it satisfies the condition of efficacy as laid down in the section. This section is unique to the Indian Patent Act, and a similar provision is not found in any other Act. The key concept of Efficacy as such, has not been defined under the Act, and hence the term ‘efficacy ‘has been a subject of much debate and discussion .