Pavan Rakesh, School of Law, Christ Deemed to be University
ABSTRACT
The TRIPS agreement being a multilateral agreement contains provisions relating to intellectual property. The specific intellectual property which is being discussed in this research paper is regarding Patents. The law regarding patents in India being The Patent Act is critically analyzed and the various shortcomings of the same are identified. Furthermore, the TRIPS agreement and its various provisions regarding Patents are also analyzed and the relationship between both the act and the agreement is studied. It is studied whether the Patent act has been successful in implementing the TRIPS agreement in its entirety and whether or not it has been beneficial. Additionally, if the act has failed in incorporating the provisions of the agreement, the reason or explanation of the same is identified. It is also studied whether there should be provisions unique to that of a country and whether incorporating the whole TRIPS agreement as such would cause more harm than good to the country. This study also helps us identify the loopholes which are present in the current Indian Patent Act and how to go about and change the same. The TRIPS agreement is not at all perfect. It is just a general set of rules which the member countries implement into their legislation unique to their country. The agreement just provides the base or the framework. This research paper also helps us to identify what the TRIPS agreement is silent or missing out on and why it is important to incorporate the same into it. After analyzing the various laws of the member countries and their approach towards patent law, the agreement should be amended regarding matters of common or immediate interest. In this research paper the patent law regarding India is dealt with. Likewise, after a thorough study of the same, if it is found that the act is lacking in a particular aspect and the agreement has a complete solution for it, the specific provision of the agreement should be implemented in the act.
Keywords: TRIPS, The Patent Act, Intellectual Property, Amendment
