ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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A Confusing Patent Law for India

The amendments to India's patent legislation have left the country with a law which at times exceeds the requirements of the TRIPS Agreement or has provisions unique to India, and at other times, appears to be in conflict with the international treaty. The procedural and substantive changes seem to be weighed in favour of the patent applicant. Overall, the result is a more complicated and confused law than need have been the case. India's policy-makers and legislators did not take the opportunity to simplify the law and procedures; they did not also seem to have any overall policy objective to achieve, other than pleasing all sides.

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