Local working requirements in the Patents Act, 1970: A critical analysis

Bansal, Sakshat and Vajpeyi, Ananya (2020) Local working requirements in the Patents Act, 1970: A critical analysis. Chanakya National Law University Law Journal, 9. pp. 244-258. ISSN 0976-805X

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India, as a developing nation has tried to strike a balance between the interests of its citizens and intellectual property owners, despite facing extreme pressure from the developed countries. Building on this notion, importation never sufficed as working of a patent locally since it, along with being detrimental to the economy in the long run, robbed a nation of an opportunity to build capacity for manufacturing a patented invention locally. There is historical evidence that the Indian diplomats and law makers were of the same opinion and envisioned a nation that took full advantage of a foreign patentee. Despite such historical development, the Indian Judiciary, recently, set a precedent that allows a patentee, to get away satisfying the public demand only through importation. What it necessarily means is that there is no compulsion to manufacture locally, rather it must be decided on a case to case basis. The reason which they give to justify their position is the economies of scale argument which only looks at the economic viability of manufacturing the patented invention locally. This vague approach of the court leaves a lot of room for exploitation by the patentee since now he is in a position to take advantage of the atmosphere of no compulsion. To avoid such a situation in the absence of guidelines from the court, this paper attempts to turn the direction of scholarship towards a concrete and fair approach by listing out other factors that must be considered while deciding an application for compulsory licencing and filing Form 27.

Item Type: Article
Keywords: Local working | Compulsory licensing | Form 27
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 24 Feb 2022 07:38
Last Modified: 24 Feb 2022 07:38
Official URL: http://www.scconline.com/DocumentLink/lt1vnsFY
URI: https://pure.jgu.edu.in/id/eprint/1372


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