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Patent Laws in India: One Step Forward and Two Steps Backward: a Brief Analysis of Ipr Related Issues in Biotechnology and Stem Cell Research in the Backdrop of the Patents Act Amendments

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Chapter Summary

Intellectual Property Rights (IPR) is arguably the most exciting and rapidly evolving field of the law today. India is presently engaged in fine-tuning its hitherto tight business regulatory framework and making it as an attractive trade partner. Unfortunately, somewhere in the bargain, in the field of IPR at least, India appears to have sacrificed the interests of a large section of her people, to keep up with the mad rush towards globalization and liberalization. This chapter limits itself primarily to the recent controversial Amendments to the Patent Act, as well as placing the arguments for and against the latest moves in patent jurisprudence in context by analyzing the twin issues of biotechnology and IPR, as also that of stem cell research and cloning. It also points out the flaws in India's biotech policy over the ages, while offering a balanced critique of the recent changes made to the Patent Act.

Keywords:biotechnology; business regulatory framework; cloning; globalization; India's biotech policy; Intellectual Property Rights (IPR); liberalization; Patent Act; patent jurisprudence; stem cell research



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