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IPR Patent


Patent forms an intrinsic part of Intellectual Property in India. The law relating to patents is governed by Indian Patent Act, 1970. The Patent law in India has always had its roots in UK patent law. The patent Act of 1970 was amended by the Patents (Amendment) Act, 1999. The amendment was basically made to bring the Patents Act, 1970 in line with the provisions of the TRIPs agreement. The TRIPs agreement lays down the basic requirement to be compelled by the member states pertaining to Intellectual property. Prior to 1999 Amendment the Patents Act did not provide for grant of patents in respect of agricultural, chemicals, pharmaceuticals and for grant of exclusive marketing rights (EMRs). These obligations were fulfilled by the patent ordinance of 1995. Subsequently, the patents amendment bill 1995 was introduced in the Lok Sabha and then introduced in the Rajya Sabha from where it was referred to a Select Committee of the House. As the committee failed to submit its report before dissolution of the 10th Lok Sabha. The 1999 Amendment brought substantial changes for solving the problems in the Patent Act. The earlier provisions pertaining to patent prohibited the grant of patent in fields of Pharmaceuticals and agriculture which was made permissible with the amendment act of 1999. The best thing introduced by the Act was the implementation of exclusive marketing rights which allowed the applicant to distribute and market his products in India from the date of filing of the application without waiting for the whole procedure concerning grant of patent. The object of TM-INDIA behind providing this information is to make every client aware of the concepts concerning IPR Patent.

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