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drug companies from getting a patent protection for a known substance by

claiming merely a new use and is considered as the implementation of the
(15)
appropriate criteria on patentability. As a result, developing countries can
adopt this exception by clearly setting forth on their patent laws.

Moreover, the patent laws of some countries, including India, clearly

prohibit granting patents on the mere discovery of a novel form of a known
compound which does not bring about the development of the known effects

(16)
or of that substance. This Act of India has become a model for the patent
laws of many members of the WTO such as the 2008 Zanzibar Industrial

Property Act. India also preclude patentability on çmere admixturesé of known
(17)
pharmaceutical compositions, which may prevent granting of patents on
fixed dose combinations and have created concern in the area of the treatment

of HIV.

It is also worth noting that, while the TRIPS Agreement prohibits the

discrimination by field of technology, it evidently excludes some subject
matters from patentability, including diagnostic, therapeutic, and surgical

(18)
methods. Therefore, the countries may preclude the methods of treatment,
such as the utilization of the AZT for the treatment of HIV, which are very
(19)
common in the pharmaceutical context.

(15)
Ibid.
(16)
Indian Patents Act (1970) as amended by The Patents (Amendment) Act (2005).
(17)
Carlos Correa,†Guidelines for the Examination of Pharmaceutical Patents: Developing a
Public Health Perspective, 7.
(18)
TRIPS Agreement, Article 27.3
(19)
Ibid; Correa, C (2007), Carlos Correa,†Guidelines for the Examination of Pharmaceutical
Patents: Developing a Public Health Perspective, 20-21.

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