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The Indian patent regime

  • Published
    10th Jun, 2022

The U.S. Trade Representative (USTR) said in a report released last month that India was one of the most challenging major economies as far as IP protection and enforcement is concerned. It has decided to retain India on its Priority Watch List along with six other countries —Argentina, Chile, China, Indonesia, Russia and Venezuela.

The Indian patent regime

  • Right granted for an invention- A patent is an exclusive set of rights granted for an invention, which may be a product or process that provides a new way of doing something or offers a new technical solution to a problem. Indian patents are governed by the Indian Patent Act of 1970.
  • Patent protection of pharmaceuticals -The original Indian Patents Act did not grant patent protection to pharmaceutical products to ensure that medicines were available at a low price. Patent protection of pharmaceuticals were re­introduced after the 2005 amendment to comply with TRIPS
  • Recent situation- The USTR report highlighted a range of issues in domains ranging from copyright and piracy to trademark counterfeiting and trade secrets, saying that India “remained one of the world’s most challenging major economies with respect to protection and enforcement of IP.”
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