Critical Analysis Of Article 31(B) Of Trade Related Intellectual Property Rights Agreement R/W Section 92 Of Indian Patents Act 1970
Shriya A Jain, School of Law, Christ University
ABSTRACT
The TRIP (Trade Related Intellectual Property Rights) Agreement, which came into effect on January 1, 1995, is the broadest international agreement on intellectual property to date. This Agreement has been ratified by India. This agreement lays down one such provision where others can use the Patent rights without the authorisation of the Patent holder. The Indian Patent Act of 1970 also provides the same under Section 92. The jurisprudential aspect of this paper deals with the theory of Utility by Jeremy Bentham, the idea of social engineering by Roscoe Pound and the theory of Duguit. Each of these theories supports the statute. In the past century, significant progress has been achieved in increasing the efficiency of healthcare and pharmaceutical goods. Global justice theorists have extensively discussed how the TRIPS (Trade Related Intellectual Property rights) regime of the World Trade Organization, which governs international intellectual property rights, makes it more challenging to achieve the goal of achieving universal access to generic and more cost-effective essential COVID-19 treatments, including potential COVID-19 vaccines. This paper deals with the ambiguity of the term ‘Extreme Urgency’ under Article 31(b) of the Trade Related Intellectual Property Rights Agreement. This paper further provides a solution for the same.
Keywords: Article 31(b) of Trade Related Intellectual Property Rights Agreement, Section 92 The Indian Patent Act of 1970, Utility by Jeremy Bentham, the idea of social engineering by Roscoe Pound, the theory of Duguit, potential COVID-19 vaccines.
