Patent Law Under Trips Agreement

The Agreement on Trade-Related Intellectual Property Rights (TRIPS) is an agreement of international law between all World Trade Organization (WTO) member states. It sets minimum standards for the regulation of different forms of intellectual property by national governments, as is the case for nationals of other WTO member states. [3] The TRIPS agreement was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is managed by the WTO. Section 3 of the Patents Act, 1970 clearly recognizes that these are not inventions. The new challenge excludes, in subsection 3, inventions whose “primary or intentional commercial use or exploitation” is contrary to law and morality. In addition, the bill also excludes medical, surgical, curative, prophylactic, diagnostic and therapeutic treatments for humans, plants and animals. India also excludes patentability of computer software, commercial patents and biotechnographic patents. Chapter XVI of the Patent Act 1970 provides that compulsory licensing is necessary safeguards to protect the public interest. After 3 years of sealed patent, anyone interested can apply for a compulsory license, unless the invention is reasonably available to the public. The central government has the right to apply to the processing manager to approve a patent bearing the “law license.” The amendment repealed the central government`s provision. In addition, the necessary amendments, in reference to the public requirement, were not met if the invention is not manufactured in India or if the patent holder refuses to issue a licence by removing a presumption that public requirements are not met on the basis of local production. The amendment also provides for the granting of the compulsory licence under the conditions of the national emergency. In addition, a provision has been adopted to allow the third party to apply for a compulsory licence, even if the invention is not manufactured in India.

The amendment also provides for the revocation of the compulsory licence by the person in charge of the processing himself when the circumstances they have raised no longer exist. (a) where the subject of a patent is a product, in order to prevent third parties from profiting from the acts by the owner`s consent: manufacture, use, sale, sale or importation (6) for these purposes; The introduction of temporary protection of industrial property rights against the granting of protection is one example of raising the level of protection; Extending the patent term to compensate for delays in granting product marketing authorization; or extending the scope of patentability and/or trademark registration beyond the minimum requirements set out in Articles 27 and 15 of the TRIPS agreement.


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Teisha Rowland, PhD, is the author of this blog.


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