n Without Prejudice - Striking that elusive balance between research and public access : intellectual property law

Volume 13, Issue 9
  • ISSN : 1681-178X



As a previous British colony, India had inherited its intellectual property regime from the United Kingdom. However, after independence in 1947, product patents were removed from protection under the patent laws. During the 1990s, India needed to adapt its patent legislation to be TRIPS compliant. Therefore, in 1999 India allowed for transitional filing of product patents with retrospective effect from 1995, and full product patent protection was re-introduced from 2005, when transitional regulations ended.

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