Silences in the TRIPS Agreement

THE STANDARD OF patentability in the TRIPS Agreement is a matter that eludes consensus. When the vital constitutents of patentability ie 'novelty', 'inventive step' and 'industrial application' were left undefined in the TRIPS, it was almost certain that member countries of the WTO would take liberties in defining them. One instance of the exercise of such liberty is our own definition of 'inventive step' in section 2(1)(ja) which adds 'technical advancement' and 'economic significance' over and above the classic requirement of 'obviousness to a person skilled in the art'. Neither do the open list of exceptions to patentability in the TRIPS Agreement help in defining the standard. When the standard of patentability advocated by the TRIPS is unclear, the question of domestic laws confirming to that standard has to be viewed more critically. My article on this issue appeard in today's DNA Money and the same can be read here.

Selection Patents and its Discontents

SELECTION PATENTS PRESENT a problematic area for patent law. Now that section 3(d) of the Patents Act 1970 remains in the statute book, it would be interesting to see how the said provision has an impact on selection patents. My article exploring this topic appeared in today's The Hindu Business Line which can be read here.

Do Indian Patent Laws Stifle Research?

DO INDIAN PATENT laws stifle research is a question that has been repeatedly posed ever since the Madras High Court rendered its decision on the constitutional validity of section 3(d) of the Patents Act 1970. I have contributed a piece to this debate which appeared in today's The Hindu which can be read here.

Novartis Decision and the Flexibilities in TRIPS

THE RECENT DECISION of the Madras High Court rejecting the challenge to section 3(d) of the Patents Act 1970 can be viewed as a positive step in upholding the flexibilitis available under the TRIPS Agreement. The link to my article that appeared in today's DNA Money on this issue can be found here.