Laws and Regulations under TRIPS Art. 63.2 - View details of the document

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IP/N/1/IND/1

1. Notifying Member

India

2. Subject matter

3. Notification status

4. Title of law or regulation

THE PATENTS (AMENDMENT) ORDINANCE, 1994

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

1. On behalf of the Government of India, I have the honour to forward the following information to the Council for Trade-Related Aspects of Intellectual Property Rights. 2. Article 70, paras 8 and 9, of the Agreement on Trade-Related Aspects of Intellectual Property Rights imposes certain obligations on Members of the WTO who do not make available, as of the date of entry into force of theWTO Agreement, patent protection for pharmaceutical and agricultural chemical products commensurate with obligations under Article 27 of the said Agreement. These obligations involve providing a means by which applications for patents for such inventions can be filed and granting of exclusive marketing rights under certain circumstances within the overall framework of the Agreement on Trade-Related Aspects of Intellectual Property. 3. With a view to meet India's obligations under paras 8 and 9 of Article 70 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, an Ordinance was promulgated by the President of India on 31 December 1994, effective from 1 January 1995, amending certain provisions of the Patents Act, 1970. 4. I enclose a copy of the Ordinance referred to above. This is by way of information to the Members of the Council for Trade-Related Aspects of Intellectual Property Rights.

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes

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