Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview
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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.

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.
The section on "Standards" relies extensively on Debroy ( 1996).
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


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Intellectual Property Rights in Emerging Markets


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