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Patent Analysis In India




Darshana Shivling Mali, BSL LLB, LLM., The Bharati Vidyapeeth (Deemed to be University), Pune

ABSTRACT

The Patents Act, 1970, as amended most recently in 2005 (hence, "India Patents Act, 1970 (2005)" in this study) is the subject of the first substantial comparative analysis. The study analyses the first 18 months of the new regime's implementation based on original fact-finding, data collection, and interviews with employees of the Indian Patent Office, representatives of the Indian pharmaceutical industry, Indian patent attorneys, and academics specializing in Indian patent law. Since only a small number of pharmaceutical product patents have been granted in India since January 1, 2005, it is too early to draw definitive conclusions regarding the industry's response to improved patent protection. It is also difficult to separate the influence of stricter patent regulations on investment decisions from that of other factors, such as India's highly educated and reasonably priced scientific and technological workforce. However, early indications indicate that India's decision to implement product patent protection is advantageous to its economy. Indian pharmaceutical firms are increasing their expenditures on NCE (new chemical entity) research and development. These paradigm shifts in India's patent laws and, more generally, in the country's pharmaceutical industry are a reflection of India's growing economic strength and global influence. Formerly a closed society, India is now a major player on the international stage. India is reawakening after several centuries of dormancy and is poised to once again be a major world power. Recent scholarly research on the function of intellectual property law in advanced developing economies has focused primarily on China rather than India. However, this study will including all impact of analysis of patent in India.


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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