Abstract

INTELLECTUAL PROPERTY RIGHTS AND INDIAN LEGAL FRAMEWORK

Dr Pulapalli Venkataramana

Volume: 8 Issue: 1 2018

Abstract:

Agreement Trade Related Intellectual Property Rights (TRIPs) to which India is a signatory is an integral part of WTO and it has an enormous impact in Indian legal framework on these issues. In the last two decades, India has enacted various laws and amended the existing laws in compliance to TRIPs agreement. Further, India has also established a comprehensive statutory, administrative and judicial mechanism in tune with the provisions of TRIPs agreement to protect the Intellectual Property. The importance of Intellectual property is recognized as a policy instrument for wide range of socio-economic and technological development. The following laws are formulated or amended to fully comply with the TRIPs framework.

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References

• Section 2(T)(f) of Indian Patents Act l970.
• Section 2(H) of Indian Patents Act 1970.
• Section 90(a)(b)(c)(d)(e) facilitates the Government to issue compulsory licenses to firms other than Patented firms under certain conditions.
• Philip Gullet, 'Access to Drugs and the Patents Bill'. The Hindu, lune 30, 2002.
• Article 70.8 of TRIPs agreement provides for Mail box provision in which the government is required to consider product Patent applications filed between 1995-2005. There were around 7000 applications in Indian Mailbox.
• T.N. Srinivasan, Frederick M Abbott and Amy Kapczynski 'The draft Patent Law' The Hindu. 12th March, 2005.
• Editorial New York Times, March 5, 2005 on Indian Patents Amendment Bill.
• Patents legislation worries MNCs, The Hindu, and July 24,2002
• The Hindu, March 22,2005 three related news items on patents bill in page 11 with titles (i) Centre accepts all but two changes in Patents bill (ii) B/P may go along with consensus on Patents Bill (iii) Parties must not change positions because they change sides.
• Indian copyright act 1957, section 13(1) and section 52.
• Dr. P.K. Pandey, 'Intellectual Property Law'. (2012), APH Publishing Corporation, New Delhi. Pp.46 to 68.
• Indian Geographical Indications of Goods (Registration and Protection) Act of 1999, section 2(1) (e) and 2(1) (f).
• Suresh Srivatsava, 'Geographical Indications and Legal Framework in India', Economic and Political Weekly (EPW), 20th September, 2003. pp.4022 – 4033, Bombay.
• Lokganathan. F.T., 'Intellectual Property Rights (IPRs) TRIPs Agreement and Indian Laws'. New Century Publications (2012) New Delhi, pp.86-87.
• Ranjit Kumar, Gulla, 'The Concept of Trade dress Protection: its scope and development' The ICFA1 Journal of lPR, New Delhi, May 2006.
• Cyber squatting means registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's domain or trade mark. Salecm Akthar and Tabassum Choudhury 'Protection of Trade Mark and Domain name in India'. In P.K. Pandey's 'Intellectual Property Law' (2012), APH Publishing, New Delhi. Page No 146.
• The Hindu, Editorial, “Joining the Madrid System.' April 7, 2005, Hyderabad
• Rajdeep Sahrawat, 'Software products: The perfect storm - Product firms can become IP factories and leverage the increasing softwarisation of hard ware'. The Hindu, July 27,2009, Hyderabad Business Review. Pp.15.
• Indian Designs Act 2000, Section 2(d) and third schedule of Indian Design Rules 2001.
• Pandey P.K., 'Protection of Industrial Design in India' in Intellectual Property Law, Op. cit, pages 121-141.
• . Section 3(a) and 3(b) of Indian Semiconductor: Integrated Circuits and Layout Designs act 2000.
• Keayla.B.K. (1999), 'Patent Regime: Indian experience and options available': National Working Group on Patent Laws Centre for Study of GATT Issues, New Delhi.
• Mathur. A (2003), 'Who owns Traditional knowledge' Economic and Political Weekly (EPW) Bombay, October, 2003, pp.18-34.
• Secretary, National Biodiversity Authority, Chennai Public Advertisement printed and published in The Hindu, ]uly 28, 2013 page.16.
• Ashish Kothari (1997), 'Understanding Biodiversity: Life, Sustainability and Equity'. Orient Longman, New Delhi. Pp 124 -125.
• Article 27(2) and 27(3) of The TRlPs Agreement of: WTO.
• Jayanta Ghosh, 'No Surprises, tones of diversity in biodiversity bill,' Times of India, April 18, 2001.
• The Hindu, 'Competition Law Bill in Winter Session', November 15, 2000.
• Article 40(1), 40(2), 40(3) and 40(4) of Section 8 of Part II in Agreement on Trade related Property Rights of WTO (1995).