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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Patent Law in India (Hardcover)
Loot Price: R5,403
Discovery Miles 54 030
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Patent Law in India (Hardcover)
Expected to ship within 18 - 22 working days
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The 2005 Amendments to the Indian Patent Act expanded the scope of
patentability by (among other provisions) allowing patenting of new
substances brought about by incremental innovations. What exactly
is an 'incremental innovation'? And how does the amended Act alter
the legal definition of patentable subject matter and restructure
the essential criteria - utility, novelty, no prior publication,
and non-obviousness - around which patent law revolves? This
masterful analysis of patent law in India, by two of India's most
distinguished jurists, investigates thoroughly the scope of the
possible answers to these crucial questions. Recognizing the
character of the revolution taking place in patent law globally
under the regime of multinational corporations - and India's
central role in its development - Dr. Rao and Dr. Manjula Guru's
analysis focuses on the patenting of substances arising out of
advances in biotechnology, genetically engineered products, and
computer-related devices. But they do not neglect the practical
details of application, registration, and proceedings as
constituted under the amended law; in fact, this book is the most
detailed and insightful procedural and practice guide to the
subject we have. Topics and areas of practice covered include the
following: * patent for new use of a known product; * prescribed
form of application; * entry in the Register; * powers of the
Controller of Patents; * opposition and revocation proceedings; *
addition and restoration of lapsed patents; * defences and reliefs
in infringement proceedings; * compulsory licensing; * experimental
use; * international arrangements for grants of patents
simultaneously by several countries; * anti-competitive practices;
and * exclusive marketing rights. Dr. Rao and Dr. Guru refer
throughout to the far-reaching effects of the relevant World Trade
Organization instruments (the TRIPS Agreement and the Doha
Declaration), including provisions related to public health and
national or regional emergencies and to research and development
into new medicines. Important case law is also referred to, and
various corresponding provisions of the law of several countries,
in particular the United States, the United Kingdom, and the
European Union, are frequently brought into comparative analysis.
No legal, administrative, or business professional in any of the
many areas touched by patent law - not only in India, and elsewhere
- can afford to bypass this deeply-informed study of a topic of
huge global significance. Corporate counsel seeking an Indian
patent will find no better guide.
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