Post-TRIPS Patenting Trends in India with Special Reference to USA: A Comparative Analysis

8 Pages Posted: 18 Jan 2012

See all articles by Dr. Harunrashid Kadri

Dr. Harunrashid Kadri

GE Society's N B Thakur Law College, Savitribai Phule Pune University

Medha Vivek Saikhedkar

Nahar Balwant Thakur Law College

Date Written: June 20, 2011

Abstract

The TRIPs Agreement, it was projected would prove beneficial for the developing countries, as it would foster innovation, stimulate competitiveness, promote transfer of technology and encourage investment and international trade. India being a signatory to TRIPs Agreement amended its patent legislation to comply with the obligations under it. After having become fully compliant with TRIPs, one now needs to examine how far has TRIPs contributed in fostering inventive activity in India, specially with reference to USA, a very strong advocate of TRIPs Agreement. The patenting data worldwide and the relevant data from USA and India is compared and analyzed so as to find out the exact trend. The study shows that there is a tremendous growth in patenting in India after the implementation of TRIPs. But the inventive growth in India has not seen an upward spurt as expected. Most of the patents in India are owned by foreign inventors, mostly from USA, indicating that TRIPs has benefited USA and other developed countries. On the contrary, India has a negligible share in patents granted in USA. The patenting trend in India shows that TRIPs has neither encouraged innovation in India nor has it played any major role in the development of India.

Keywords: Intellectual Property, TRIPs, Patenting Trend, Inventions, Innovation

Suggested Citation

Kadri, Dr. Harunrashid A. and Saikhedkar, Medha Vivek, Post-TRIPS Patenting Trends in India with Special Reference to USA: A Comparative Analysis (June 20, 2011). Available at SSRN: https://ssrn.com/abstract=1986798 or http://dx.doi.org/10.2139/ssrn.1986798

Dr. Harunrashid A. Kadri (Contact Author)

GE Society's N B Thakur Law College, Savitribai Phule Pune University ( email )

Prin. T A Kulkarni Vidyanagar
College Road
Nashik, Maharashtra, MA Maharashtra 42205
India
02532574180 (Phone)
02532317869 (Fax)

Medha Vivek Saikhedkar

Nahar Balwant Thakur Law College ( email )

College Road
Nasik, Maharashtra 422005
India
912532574180 (Phone)

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