International Journal of Law, Policy and Social Review
2019, Vol. 1, Issue 3
Critical analysis of the investment protection regime: A proposal by prof. Shamnad Basheer
The patent law with respect to the pharmaceutical industries has been under development for a few years now. There are several issues like what should be patented and the duration that have been answered while several questions still have uncertain answers. The aim of this paper is to understand the investment incentive model that Prof. Basheer proposes in his thesis and whether it is a practical solution to some of the questions. For this purpose, the thesis of the author is understood in its entirety before going to the apprehension of the model and linking it to the main objective of the thesis. It also attempts to comprehend the social implications of the model if it is adopted by the nations in today’s world. Lastly the paper aims to understand the applicability of the model in the specific context of India by looking at three patent law cases where the decisions might have had an effect if this model was adopted. The paper is a qualitative research that relies on facts and data that have been taken from the thesis itself. It also relies on the facts and circumstances of three Indian cases in order to understand the application of the proposed model in India.