Harmonising patent laws with the TRIPS Agreement of WTO: India's stride towards globalisation of intellectual properties

Abstract

This paper shows India's poor performance in technology growth, which is basically responsible for its abysmally low investment in R&D. This has reflected in fewer innovations over the years. Here we have analysed salient features of India's third patent (amendment) act, 2005 and discusses in detail about the changes made therein to accommodate provisions of TRIPS agreement in which India is a signatory. These changes are in areas of patentable inventions, terms of patents and compulsory licensing. In some areas, the amended act goes much ahead of the TRIPS requirements. Providing extra mileage to the amended act compared to TRIPS agreement, India has broaden the scope of 'inventive step' by liberally defining it. Some critics have expressed its apprehension over 'evergreening of patents' due to TRIPS plus provisions in the act, which has been examined in details in this paper. Conformity between TRIPS Agreement and India's amended act has been discussed in this paper along with the convergence and divergence between TRIPS and new Patent Act in different areas.