The Global Challenge of Intellectual Property Rights
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The Global Challenge of Intellectual Property Rights

Edited by Robert Bird and Subhash C. Jain

The importance of intellectual property rights is now well established as a vital component in the success of firms and of nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.
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Chapter 8: The Indian Patent Matrix: Issues in Patent Amendment 2005

V.C. Vivekanandan


V.C. Vivekanandan INTRODUCTION The emergence of the World Trade Organization from the erstwhile GATT (General Agreement on Tariffs and Trade) marks a new watershed in international law and its impact on international trade and business. With 150 nations1 signing as members of the WTO, the organization and its agreements have set off unprecedented changes not just in the domain of international trade laws, but also in the domain of the national laws of the member states. The WTO has set differential deadlines and continuous deliberations to be compliant with the agreements for the member states. The agreements and rules of the WTO are officially negotiated by the representatives of the governments of the member countries. The table of contents of ‘The results of the Uruguay Round of multilateral trade negotiations: The legal texts’ is a daunting list of about 60 agreements, annexes, decisions and understandings. In fact, the agreements fall into a simple structure with six main parts: an umbrella agreement (the Agreement Establishing the WTO); agreements for each of the three broad areas of trade that the WTO covers (goods, services and intellectual property); dispute settlement; and reviews of governments’ trade policies.2 Yet the content and its impact on the public of the member states have brought several non-governmental organizations, public interest groups, academic experts and policy watchers to oppose these agreements in various degrees. The official negotiating rounds at various venues around the world also serve as a venue for protestors of various interest...

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