TRIPS

Impact of TRIPS on Lesser Developed Countries: Playing a Better Game?

Impact of TRIPS on Lesser Developed Countries: Playing a Better Game?

Kartik Arora
Symbiosis Law School, Pune

It has been recently declared, “TRIPS is the most ambitious international agreement on intellectual property rights. The main challenge for developing countries is to transform it from a rent transfer mechanism into an effective instrument for technological development.”- Carlos Primo Braga – World Bank

Even though the majority of the 135 members of the WTO are poor countries, they are being virtually held hostage. Third World countries are compelled to go along with the developed countries because most of these poor countries are dependent on bilateral trade relations with one or more developed countries. The author makes an attempt to discuss the aspect of negotiation in detail with reference to acceptance of TRIPS by the developing & less developed countries and discussed the aspect of bargain between the nations. Further the author makes an attempt to discuss the in detail the view raised by the less developed & developing countries on Doha Declaration, the ACAT draft and TRIPS plus. And lastly the author has made an attempt to recommendation on the enforcement of TRIPS Agreement taking into consideration the concerned views of less developed nations.

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Posted by Suvid Chaturvedi in 2017 Annual Special Issue
Patent Regime in India Related to Micro-organisms | A Critical Analysis

Patent Regime in India Related to Micro-organisms | A Critical Analysis

Kumar Salva Raghuvanshi
National Law School of India University, Bengaluru

A patent for a new invention in the field of patent law, grants the inventor an exclusive right to exclude others from using the invention within a specified jurisdiction for a limited period of time (20 years). In sum, an invention is patentable if it is novel, non-obvious, and useful, involves inventive step, is having industrial applicability and is not excluded subject matter. A patent for any invention comes into existence only when it has been registered. In some countries including India there is a requirement of examination as to whether the patented invention satisfies the statutory conditions of patentability or not. The application must also disclose and describe the invention sufficiently for it to be put into effect by a person skilled in the art. Since, the late 1970 scientist in India have been applying their engineering to cause living organisms to express genetic material from outside their own species, with an extraordinary result. A new strain of plants produces higher yields, resists viruses and pests, and is productive in formerly unwelcome climates and promotes the agricultural sector which is considered to be backbone of Indian economy. These scientists with these latest inventions thought for their protection under Patent Law regime and hence the prospect of patents on “living inventions” ultimately provoked a dreadful clamour, with intense public concern overly a field of law often considered obscure. However, the legislators, considering the holistic impact of the “patentability of microorganisms” in India, made a departure from the discovery of microorganisms to invention of microorganisms so as to reward only the genuine invention. In this paper the researchers will try to answer as to how and why patenting of living organisms in India is a need of hour towards promoting scientific development. For the aforesaid purpose the research will be largely doctrinal, analytical and comparative in nature depending on primary and secondary source material.

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Posted by Suvid Chaturvedi in Vol. 2 Number 4, Volume 2