Urgent Request for Help: JPC Report and Indian Bolar Provision

I’m hoping that one of our readers can help us out here. We’re looking very urgently for the JPC (Joint Parliamentary Committee) report that recommended the insertion of section 107A (a) (the Indian “Bolar” provision) into India’s patent regime.

As many of you know, this Committee was set up to recommend changes to India’s patent regime and submitted its report to the Parliament on 19 December 2001. According to the report: “the provision [section 107A(a)] has been made to ensure prompt availability of products, particularly generic drugs, immediately after the expiry of the term of the patent.”

I had this report with me earlier, but have misplaced it. And I’ve knocked on many doors to try and get a copy, but to no avail. Would any of you have a copy of this JPC report? If so, would you please urgently let me know at “shamnad[at]gmail.com”? Thanks very much.

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.


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