NISCAIR Online Periodicals Repository

Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.09 [2004] >
JIPR Vol.09(3) [May 2004] >

Title:  WTO-TRIPS Obligations and Patent Amendments in India: A Critical Stocktaking
Authors: Raju, K D
Keywords: TRIPS Agreement
Patent amendment
Issue Date: May-2004
Publisher: CSIR
Abstract:  Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was one of the most contentious issues in the Uruguay Round of multilateral trade negotiations, which was concluded in 1994 at Marrakech. The commitments under the TRIPS Agreement compelled India to amend its patent regime in 1999, 2002 and 2003 (the Amendment Bill lapsed due to the dissolution of the present Lok Sabha). This paper examines the amendments in the Indian patent system in consequence of TRIPS Agreement, and Indian reaction to the same in substantial and procedural levels. India opted for the setting up of a ‘mail box’ and has taken Exclusive Marketing Rights (EMR) route for the transitional period. The second section analyses the implications of transitional period and to suggest further options available to India. It also looks into the new provisions included in the Patents (Amendment) Bill 2003. This paper, based on a review of amendments to the Indian law, concludes that the Indian patents regime is inadequate to meet the challenges posed by the TRIPS Agreement. It also puts forward some suggestions to improve the patent regime in the country as a whole.
Page(s): 226-241
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(3) [May 2004]

Files in This Item:

File Description SizeFormat
JIPR 9(3) 226-241.pdf79.31 kBAdobe PDFView/Open
 Current Page Visits: 89 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 162645 since 01-Sep-2015  Last updated on 21-Jun-2016Webmaster: