Wto-Trips Obligations and Patent Amendments in India: A Critical Stocktaking

Journal of Intellectual Property Rights, Vol. 9, pp. 242-259, May 2004

21 Pages Posted: 10 Oct 2005

See all articles by Dr. K. D. Raju

Dr. K. D. Raju

Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur

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

Suggested Citation

Raju, Dr. K. D., Wto-Trips Obligations and Patent Amendments in India: A Critical Stocktaking. Journal of Intellectual Property Rights, Vol. 9, pp. 242-259, May 2004. Available at SSRN: https://ssrn.com/abstract=813387

Dr. K. D. Raju (Contact Author)

Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur ( email )

IIT , Kharagpur
West Bengal
Kharagpur, West Bengal 721302
India

HOME PAGE: http://www.iitkgp.in

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