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THE PHARMA REVIEW DECEMBER 2005

India and Product Patents Regime

Manthan Janodia and Udupa, N.*

Abstract: The legal instrument driving international patent protection is the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to as the TRIPS), signed in Uruguay in 1994 under the auspices of the World Trade Organization. The TRIPS sets out minimal standards for intellectual property protection generally modeled after those in developed nations with which all World Trade Organization members must comply. Till the year 1994 India was not a member country of GATT. But with the India becoming member of GATT in 1994 (subsequently WTO succeeded the GATT), India has to comply with the international norms of providing patent protection in all fields of technology for both the processes and for the products itself.

 
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