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ARTICLE · 07 JANUARY 2005

Data Exclusivity - Its Interpretation and India

The Intellectual Property Regime in India is in the final stages of ensuring compliance with the standards agreed in the World Trade Organization’s Agreement on the Trade Related Aspects of Intellectual Property Rights (‘TRIPS’).

IndiaInternational Law
Rahul Goel
Rahul Goel

The Intellectual Property Regime in India is in the final stages of ensuring compliance with the standards agreed in the World Trade Organization’s Agreement on the Trade Related Aspects of Intellectual Property Rights (‘TRIPS’). Much highlighted is the imminent amendment proposed to the Indian Patents laws. However, India’s TRIPs obligations are not only limited to ensuring its Patent Laws to conform with the TRIPs standards but also to provide adequate protection to that class of Intellectual property Rights (‘IPRs’) enumerated in Article 39 of TRIPs Agreement. This TRIPs provision owes its origin to Article 10bis of Paris Convention1, which provides for ensuring effective protection against unfair competition by protection of undisclosed information.

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