Harmonising patent laws with the TRIPS Agreement of WTO: India's stride towards globalisation of intellectual properties
by Swapan K. Bhattacharya
International Journal of Intellectual Property Management (IJIPM), Vol. 1, No. 3, 2007

Abstract: This paper shows India's poor performance in technology growth, which is basically responsible for its abysmally low investment in R&D. This has reflected in fewer innovations over the years. Here we have analysed salient features of India's third patent (amendment) act, 2005 and discusses in detail about the changes made therein to accommodate provisions of TRIPS agreement in which India is a signatory. These changes are in areas of patentable inventions, terms of patents and compulsory licensing. In some areas, the amended act goes much ahead of the TRIPS requirements. Providing extra mileage to the amended act compared to TRIPS agreement, India has broaden the scope of 'inventive step' by liberally defining it. Some critics have expressed its apprehension over 'evergreening of patents' due to TRIPS plus provisions in the act, which has been examined in details in this paper. Conformity between TRIPS Agreement and India's amended act has been discussed in this paper along with the convergence and divergence between TRIPS and new Patent Act in different areas.

Online publication date: Fri, 04-May-2007

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Intellectual Property Management (IJIPM):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com