TRIPS Agreement | Intellepedia

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment clarifies the legislative scheme and confirms there is no inconsistency or arbitrariness in the provision.

Patents (Amendment) Rules, 2020, LDC’s request WTO to extend transition period and more

The Patents Amendment Rules 2020 have come into effect in India, bringing notable changes to patent filing and reporting requirements. This bulletin covers updates on patent disputes, TRIPS transition requests at the WTO, and international patent office collaborations. The content is compiled to inform stakeholders about crucial developments in patent law.

Exclusive Marketing Rights and Stronger Patent Regime

This post examines India’s transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from process to product patents and clarifies the distinct role of EMRs during this period.

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

How Wise is it to TRIP Over Food?

This post explores how intellectual property rights, particularly under the TRIPS agreement, affect food security and plant variety protection in India. It provides a legal analysis of the challenges and exceptions relevant to agricultural innovation and breeders’ rights.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Review of Organisational Structure of CGPDTM

This post examines the DIPP’s discussion paper on reorganising the CGPDTM to strengthen India’s IP infrastructure. It reviews proposed changes, operational challenges, and legal considerations regarding the office’s structure and efficiency.

Trade Secret Violation – A Hypothetical Indian Case Scenario

The post provides an analytical overview of trade secret violation in India, exploring legal remedies available in the absence of a specific statute. It discusses relevant case law, contractual protection, and the challenges faced by Indian businesses regarding confidential information.

Should Medical Methods Be Patented?

This post examines whether medical methods should be patentable, focusing on global legal frameworks, ethical debates, and policy implications. It analyses both the concerns and benefits of extending patent protection to medical methods, particularly in India, and suggests balanced policy solutions.

Patent and Public Domain Balance 2 – Patentability Requirements

This article explores the essential requirements for patentability and their function in shaping the boundary between patent protection and the public domain. It discusses the influence of the TRIPS Agreement and national discretion on patent standards.