CGPDTMController General of Patents Designs and Trademarks (India)
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132) Citing a provision of the Indian Patents Act that allows for compulsory licensing three years after the grant of a patent on a drug that is not available at affordable prices in India, the CGPDTM required Bayer to license one of its cancer drugs to an Indian company.
The growing importance of intellectual property in a globalized economic environment has placed greater demand on the IP institutional structure, India s accession to the Madrid Protocol on 8th April, 2013 and its coming into effect from 8th July, 2013 as also the operationalization of the Office of CGPDTM as International Search Authority / International Preliminary Examining Authority (ISA/IPEA) under the Patent Cooperation, Treaty from 15th October, 2013 will further impact the workload of the Office of CGPDTM.
Further, the Patents Act, 1970 requires an applicant who applies for such patents, to obtain the necessary permission from the National Biodiversity Authority and submit the same to the office of CGPDTM before the grant of patent.