TRIPS and TRIPS-Plus Development in India

Draft Chapter 8 in Intellectual Property, Trade and Development, Ed. Daniel Gervais 2nd Ed. (OUP: 2014)

33 Pages Posted: 20 Oct 2020

Date Written: August 31, 2014

Abstract

This chapter traces the development of India’s patent and copyright policy over the last sixty years. Shortly after independence, India replaced its British-era copyright and patent legislation with new laws which significantly whittled down the standards of IP protection. In the 1970s, India had led a developing countries effort to renegotiate standards of copyright protection under the Berne Convention. In the run up to TRIPs, India again led a developing countries effort to dilute the impact of patent standards demanded under TRIPS. While India appears to not have gained much from its partial victories to dilute the Berne Convention, it has had more success in shielding itself from the impact of TRIPS. Most interestingly, the last few decades demonstrate how India’s compulsory licensing provisions in both copyright and patent law have largely failed despite the fact that India made compulsory licensing the central theme in its international treaty negotiations.

Keywords: India, patent, copyright, compulsory licence, TRIPs, ever-greening, Copyright Act 1957, Patent Act 1970, Ayyangar Committee

JEL Classification: K29

Suggested Citation

Reddy, Prashant, TRIPS and TRIPS-Plus Development in India (August 31, 2014). Draft Chapter 8 in Intellectual Property, Trade and Development, Ed. Daniel Gervais 2nd Ed. (OUP: 2014), Available at SSRN: https://ssrn.com/abstract=3683918

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