Vol. 3, Issue 6 (2017)
Patent rights and judicial view in India
Author(s): Dr. Jetling Yellosa
Abstract: Intellectual Property laws are extremely important for the all-round development of any society. It is of utmost indispensable that a strong intellectual property regime is to be effectively implemented. The strong intellectual property regime helps attract new investments and allows innovators to develop new technologies which directly or indirectly boost the economy of the country. The weak intellectual property enforcement is a major barrier to increase trade and development. The judiciary is one of the key organ of the government is entrusted with interpretation of laws and protect from infringement from legislature, executive and protect private and public rights. The Patent rights occupy an important component of the intellectual property domain and for smooth law to available the Parliament after attainment of independence had enacted Patent Act of 1970 by replacing British made laws. The act was greatly influenced by socialist principles. The Patent Act is result of recommendations of two notable committees. At the time of inception of the Act the product patent was not in its domain but as per international obligations namely TRIPS had forced our country to incorporate in its domain. The Indian Patent Act of 1970 providing various procedures in case of infringement of patents rights, counterclaims, revocation of patents and other issues concerning the patent. The paper deals with origination of patent legislation in our country, the international obligations which carrying out of milestone amendments and land mark judgments delivered by judiciary in our country.