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Pate Patent nt Regime Regime I n I ndia – Chal l enges nges An d Ref Ref orm s
ABSTRACT
Being one of most powerful Intellectual property rights, Patents protect inventive ideas by giving the inventor exclusive rights over the invention for a period of time. This protection is more useful in some industries like chemical and ph armaceutical firms than others. They use the patent system because innovations within these industries tend to be relatively cheap to imitate. Hence, patent registration is an essential requirement for competitive advantage. Over the past decade Indian patent system suffered continuous modifications as a reflection of the diverging standpoints and changing priorities of government, national industry, public health NGOs and other stakeholders. With compliance to international treaties and conventions concerning patents, author explains the legal effect of the amendments introduced by the Patents (Amendment) Act, 2005 and the resulting challenges, which infringe the rights of patentee and an initial approach to propose a reformation to be done safeguarding the interests of patent holders.
