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|Title:||The Patents (Amendment) Act, 2005 and TRIPS Compliance–A Critique|
Swiss-type ‘new use’ claims
|Abstract:||The main objective behind the introduction and passing of the Patents (Amendment) Bill, 2005<sup>1</sup> was to meet India’s deadline, 31 December 2004<sup>2</sup>, to comply with the TRIPS Agreement. While the Ordinance attempted to make the Indian patents law TRIPS compliant rather literally, the Patents (Amendment) Act, 2005 (hereinafter ‘the Act’) deviated from the Ordinance in certain fundamental respects. This note analyses the difference in the ‘language of law’ between the Ordinance and ‘the Act’. An attempt has also been made to analyse the implications of the amendments proposed in the Act to ascertain if the Act makes the Indian patents law TRIPS compliant.|
|Appears in Collections:||JIPR Vol.10(3) [May 2005]|
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