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Justifying India's Patent Position to the United States International Trade Commission and Office of United States Trade Representative

The Indian Journal of Intellectual Property Law, Vol. 7, 2014-2015

29 Pages Posted: 24 Aug 2017  

Srividhya Ragavan

Texas A&M School of Law

Sean M. Flynn

American University - Washington College of Law; Program on Information Justice and Intellectual Property

Brook K. Baker

Northeastern University - School of Law

Date Written: 2015

Abstract

The paper below largely is an extract of the testimonial filed by the authors to the Secretary of the ITC in response to the Notice on the Federal Register dated August 29, 2013 titled Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy. Where required, the paper also draws from the written submissions that the authors made to the United States Trade Representative’s (hereinafter, USTR) office on the related question of whether India deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The authors submitted the testimonials to the ITC as well as the USTR and as legal academics with expertise in patent law, trade law, the TRIPS agreement and the law of India. Each of the authors had engaged in this field for more than 10 years and has closely followed the developments within India in relation to the prescriptions of the TRIPS agreement.

Suggested Citation

Ragavan, Srividhya and Flynn, Sean M. and Baker, Brook K., Justifying India's Patent Position to the United States International Trade Commission and Office of United States Trade Representative (2015). The Indian Journal of Intellectual Property Law, Vol. 7, 2014-2015 . Available at SSRN: https://ssrn.com/abstract=3025167

Srividhya Ragavan (Contact Author)

Texas A&M School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76102
United States

Sean M. Flynn

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Program on Information Justice and Intellectual Property

4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States

Brook K. Baker

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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