Skip to main content

Interest in the repealed exclusive marketing rights provisions has been revived by a Supreme Court ruling clarifying the effect of the repeal cases on pending and decided applications.

On 1st January 2005, the Indian Parliament passed the Patent (Amendment) Act, which repealed Chapter IV A of the parent act. Under Section 78 of the amending act, all pending applications for exclusive marketing rights (EMR) made under Chapter IV A were to be treated as claims for patent under Section 5(2) of the Patent (Amendment) Act 1999 act and were to be deemed requests for examination for the grant of patents under Section 11(B)(3) of the amendment act.

The new patent regime generated lively debate upon implementation. Following its repeal Chapter IV A  was almost forgotten; but interest in the provision has since been rekindled by the recent Supreme Court decision in GlaxoSmithKline LC and others v Controller of Patents and Designs and others. The case clarifies the effect of the repeal of the EMR provisions on the litigation of pending and decided applications for the grant of EMR.

Authored by Nupur Maithani and Priyanka Vyas.

This article was published in the Life Sciences Industries 2009.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 26, 2025

Authored by Pravin Anand There are areas of intellectual property law where one can sense, quite literally, the convergence of disciplines that do not

When Art Meets Science in Trademark Law: Reflections on India’s First Smell Mark
Thought Leadership
Nov 25, 2025

First published on Lexology. Authored by Vaishali R Mittal In a landmark moment for Indian intellectual property law, the Trademarks Registry has accepted

Scenting the Future: How India’s First Smell Mark Application Aligns with Global Jurisprudence
Thought Leadership
Nov 21, 2025

We are proud to share that the Trade Marks Registry of India has, for the first time, accepted an olfactory (smell) mark for advertisement — “Floral

A Landmark First for Indian Trademark Law
News & Updates
Nov 15, 2025

APPA president Hari Subramaniam congratulates Pravin Anand for receivng the APPA Enduring Impact Award in Kuala Lumpur. ‘First published on India Business

IP expert Pravin Anand honoured with prestigious APAA award