CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property
Kavya argues that India had to amend its patent law to extend product patents to all fields of technology, including pharmaceuticals, because of a particular international commitment. Which statement correctly identifies the commitment and the Indian response?
The commitment was the TRIPS Agreement of the WTO. To comply, India amended the Patents Act, 1970 in stages, with the 2005 amendment introducing product patents in all technology fields including pharmaceuticals, food and chemicals. The Act was amended, not repealed.
- ATRIPS Agreement of the WTO; India amended the Patents Act, 1970 through amendments up to 2005 to introduce product patents in all fieldsCorrect
- BParis Convention; India enacted the Patents Act, 1970 to introduce product patents in pharmaceuticals
- CPatent Cooperation Treaty; India repealed the Patents Act, 1970 entirely in 2005
- DBerne Convention; India introduced product patents by the Copyright Act, 1957
Explanation
TRIPS, effective with the WTO in 1995, required product patents in all technology fields. India complied in stages, with the Patents (Amendment) Act, 2005 reinstating product patents for food, drugs and chemicals. The 1970 Act had allowed only process patents in those fields, so the Paris option is wrong, and the Act was amended, not repealed.
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