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Title: The Current Indian Patent Regime and the Scope of Protection in Agricultural Biotechnology: Some Issues and Considerations*
Authors: Kumar, Suresh K
Keywords: TRIPS Agreement;Agricultural biotechnology;Mailbox provisions;Patentability
Issue Date: May-2007
Publisher: CSIR
Abstract: The formation of WTO and the TRIPS Agreement under its ambit had a major influence on the Indian patent regime. The Patents Act, 1970, underwent three amendments that interalia did away with discriminative restrictions in protection with respect to some technology disciplines and thus paving way for a product patent regimes in areas like medicine, drugs and chemicals. A new definition of the word ‘invention’ made it possible to protect products in technology areas including biotechnology. The article covers the patentable subject matter in the field of agricultural biotechnology and identifies future needs in IP management in the country. Analyses of patent applications filed in the area of agricultural biotechnology since 1995 and some of the patents granted in the area are also briefly discussed.
Page(s): 341-348
ISSN: 0971-5544
Appears in Collections:JIPR Vol.12(3) [May 2007]

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