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Chennai to have patent laws board

By J. Venkatesan

NEW DELHI Dec. 23. With the Centre having initiated the process of setting up of the Intellectual Property Appellate Board at Chennai, India has upgraded its legal system to handle patent-related litigation and to allow patent in all areas of technology.

Accordingly, the provisions relating to the setting up of the Board contained in the Trade Marks Act, 1999, with suitable modifications, have been made applicable to the patent law by the Patents (Amendment) Act, 2002.

This is intended to ensure speedy disposal of appeals against the decisions of the Controller of Patents, which at present lie with the High Court.

The Patent Act, 1970, as amended by the Patents (Amendment) Act, 2002, has thus, fulfilled India's international obligations contained in the Trade-Related Intellectual Property Rights (TRIPS) Agreements of the World Trade Organisation (WTO) Agreement. The Doha Ministerial declaration has provided a mandate to address the issue of relationship between the TRIPS Agreement and the bio-diversity and protection of traditional knowledge and folklore as outstanding implementation issues.

Besides, the Doha declaration provides for exemption to less-developed countries till January 1, 2016 for implementing or applying the provisions of Sec. 5 (Patents) and Sec. 7 (Protection of Undisclosed Information).

Further, it affirms that the TRIPS Agreement can and should be interpreted to protect public health and promote access to medicines to all and recognises the affordability and availability of medicines as a universal right.

And the declaration also clarifies that each member nation is free to establish its own regime to tackle issues relating to patent laws and the setting up of the board is in this direction.

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