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ARTICLE · 31 MARCH 2005

India’s Patents Bill, 2005 - Is It TRIPS Compliant?

Lex Orbis
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Finally, the Indian Parliament passed the Patents Bill (Bill No. 32-C of 2005). The Bill replaces the Patents Ordinance, 2004. For the first time in independent India’s history, national newspapers carried 4-column headline news covering ‘patents’. Patents Bill was also the topic of prime-time news in national TV channels.

IndiaMedia, Telecoms, IT, Entertainment
Manoj Pillai
Manoj Pillai
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Finally, the Indian Parliament passed the Patents Bill (Bill No. 32-C of 2005). The Bill replaces the Patents Ordinance, 2004. For the first time in independent India’s history, national newspapers carried 4-column headline news covering ‘patents’. Patents Bill was also the topic of prime-time news in national TV channels. The ‘news value’ of the patents amendment bill was because of the political color it acquired. The Ordinance was strongly criticized by the Left Parties. The Patents Bill to substitute the Ordinance, therefore, created a national uproar. Finally, with several amendments mooted reportedly by the Left Parties, the Bill is passed. These amendments have considerably diluted the Ordinance. On a preliminary reading, the Bill (as passed) seems to fall short of TRIPS compliance. This memo highlights the major differences between the Ordinance and the Patents (Amendment) Bill, 2005 (hereinafter ‘the Bill’) and also enquires if it is TRIPS compliant!

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