Q. Consider the following statements about Indian patent regime:
1. The original Indian Patents Act did not grant patent protection to pharmaceutical products.
2. India is a member of Nice Agreement, concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
Which of the above statements is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: C

Explanation: The Indian patent regime:

Right granted for an invention- A patent is an exclusive set of rights granted for an invention, which may be a product or process that provides a new way of doing something or offers a new technical solution to a problem. Indian patents are governed by the Indian Patent Act of 1970.

Patent protection of pharmaceuticals –The original Indian Patents Act did not grant patent protection to pharmaceutical products to ensure that medicines were available at a low price. Patent protection of pharmaceuticals were re­introduced after the 2005 amendment to comply with TRIPS

Recent situation- The USTR report highlighted a range of issues in domains ranging from copyright and piracy to trademark counterfeiting and trade secrets, saying that India “remained one of the world’s most challenging major economies with respect to protection and enforcement of IP.”

Nice Agreement- The Nice Agreement is an important administrative tool that establishes a classification of goods and services for registering trademarks and service marks (the Nice Classification).

The trademark offices of member states must indicate, in official documents and publications in connection with each registration, the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

India becomes the 88th member of the Nice Agreement.

Source: WIPO