WTO-TRIPS Obligations and Patent Amendments in India: A Critical Stocktaking

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.

Keywords: TRIPS Agreement, Patent amendment, Mailbox and EMR

Accepted Paper Series