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ARTICLE · 13 JANUARY 2005

‘Patent’ly In Force?

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Pharmaceutical product patents and patents for computer programs have at last found their way into the Indian patent regime through the Patents Amendment (Ordinance), 2004 promulgated by the President.

IndiaMedia, Telecoms, IT, Entertainment
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By Mustafa Safiyuddin and Ajay Shaw, DSK Legal

Introduction:

Pharmaceutical product patents and patents for computer programs have at last found their way into the Indian patent regime through the Patents Amendment (Ordinance), 2004 promulgated by the President. The expediency of an Ordinance has been resorted to in an endeavour to comply with India’s obligations under Agreement on Trade Related Aspects of Intellectual Property Rights popularly known as "TRIPS" by the January 1, 2005 deadline. However, the Ordinance, seeking to amend the Patents Act, 1970 could lapse if it is not approved by Parliament during the monsoon session. It is questionable as to whether the Government should resort to a Presidential Ordinance bringing about far reaching changes in the patent law without a Parliamentary debate in the first place, in respect of issues on which views have been divided across the country.

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