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Unit 8: Legal Environment




               India has allowed its pharmaceuticals makers to copy drugs patented abroad since the  Notes
               early 1970s as long as they use different manufacturing processes.
               Incrementally Modified Drugs (IMDs) include  new formulations, new combinations of
               active ingredients or new salts or esters of approved compound.
               The new patent bill is a sea of opportunities. It brought numerous business opportunities
               for the Indian pharmaceutical industry and the industry reaping benefits from it.
               The Right to Information Act (RTI) comes into force on the 12th October, 2005 (120th day
               of its enactment on 15th June, 2005). The Act extends to the whole of India except the State
               of Jammu and Kashmir.
               Only that part of the record which does not contain any information which is exempt from
               disclosure and  which can reasonably be severed from  any part  that contains  exempt
               information, may be provided., under RTI

               The application procedure for requesting information is such that one can apply in writing
               or through electronic means in English or Hindi or in the official language of the area, to
               the PIO, specifying the particulars of the information sought for.
               Order of the Commission shall be pronounced in open proceedings and be in writing duly
               authenticated by the Registrar or any other officer authorized by the Commission for the
               purpose of deciding appeals.

          8.5 Keywords

          Appellant: A person who appeals for information
          Capital Account Transactions: Transactions that tracks the movement of funds for investments
          and loans into and out of a country
          CIC: Central  Information Commission
          Collective Bidding: Agreement among the contenders for bid to be offered at auction or not to be
          bid at auction.
          IMD: Incrementally Modified Drugs
          MRTP: Monopolies and Restrictive Trade Practice

          Patents: Grant of property rights by the government to an inventor
          Restrictive Trade Practice: One which has, or may have, the effect of preventing, distorting or
          restricting competition in any manner

          SIC:  State Chief Information Commissioner
          8.6 Self Assessment


          State whether the following statements are true or false:
          1.   MRTP Act was introduced to check the pricing system under monopolies.
          2.   Under MRTP Act giving bulk discounts are under restrictive framework.

          3.   Coca Cola has got a patent for its tag line-thanda matlab Coca Cola.
          4.   Patents are not such a big issue in the FMCG sector as it is in the pharma sector.
          5.   The Special branches of police of some of the Union territories are not included under RTI.





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