Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview
Save to active project

now, except with regard to patents, is not radically different from the articles of the TRIPs Agreement. In the patent area, it must be amended to bring it in line with TRIPs. In areas where there is a congruence of perceived interests, changes have already been made to the intellectual property legislation. Copyright legislation was tightened in 1994, bringing it closer to the requirements of the TRIPs Agreement. And in some areas, India's intellectual property regime is stronger than is demanded by the agreement.

The ideological foundations for the Indian state and economy, stressing self-reliance and rapid industrialization, were set just after independence. By the 1960s, economic and also political nationalism had reached new heights. The 1970 act weakened the patent regime in response to these domestic pressures, giving the Indian pharmaceutical industry an unprecedented boost. But in light of recent changes in intellectual property protection at the international level, India must take a second look at its patent regime and strive to bring it in line.

The path ahead is fraught with difficulties, but it is also full of promise. Indian industry has reached a state where it can compete internationally and thrive domestically. Realization of that fact will bring a revolution to the pharmaceutical industry, and probably to industry as a whole. The Indian business community is uniquely positioned to adapt to and profit from the changes. What is required now is some political will and vision.


Notes
1.
In essence, developing countries have only had until the year 2000 to implement the TRIPs Agreement (Article 65.2), except with regard to pharmaceuticals and agricultural chemical products (Articles 65.4 and 70.8), for which developing countries have to provide for "Exclusive Marketing Rights" (Article 70.9) and provide a "mailbox" provision (Article 70.8) until the year 2005.
2.
The section on "Standards" relies extensively on Debroy ( 1996).
3.
The Paris Convention for the Protection of Industrial Property is an international treaty for the protection of patents, trademarks, trade secrets, copyrights, industrial designs, integrated circuits, and geographical indications. The convention has been revised six times since 1883, the final revision occurring in Stockholm in 1967. A further amendment was made in 1979. When the Uruguay Round agreement refers to the Paris Convention, it means the 1967 revisions. India was not a signatory

-89-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Intellectual Property Rights in Emerging Markets
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 130

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?