Towards TRIPs compliance in India: The Patents Amendment Act 1999 and implications

Prabuddha Ganguli

World Patent Information, 1999, vol. 21, issue 4, 279-287

Abstract: India has pledged full compliance with the TRIPS Uruguay round by the year 2004. This article documents the actions taken so far, principally through the Patent Amendment Act of 1999. In particular, the "mailbox" facility and Exclusive Marketing Rights (EMR) in respect of pharmaceutical type products are described. EMR provides "temporary protection", until such patents are examined (from the beginning of 2005). The differences in the scope to oppose or revoke a granted patent compared to the very limited scope to take such action on an EMR are discussed. Other issues touched on are compulsory licensing, widening of the definition of working a patent in India, and infringement. In December 1999 several Bills related to Trade Marks, Designs, Copyright (amendment), Geographical indications (Protection & Registration), Protection of Plant Varieties & Farmers were passed in both the houses of Parliament. A Second Patents (amendment) Bill was introduced in December 1999 to comply with other requirements of TRIPS which is presently under review. The article concludes with a detailed review of recent patenting activity in India in the key technical areas of the Drugs, Pharmaceutical and Agrochemical Sector, the Electronics, Telecommunications and IT Sector, and the Foods Sector.

Date: 1999
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