Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0002
- Subject:
- Law, Intellectual Property, IT, and Media Law
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, ...
More
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.Less
The Patents Act, 1970 and its virtual abolition of a pharmaceutical patent regime did not go unchallenged by the innovator pharmaceutical industry of the developed world. Starting in the mid-1980s, the United States (US) spearheaded an effort to link trade in goods with trade in intellectual property under the aegis of the World Trade Organisation (WTO). Although India initially resisted even discussing the issue, it capitulated in Geneva in April 1989 in what came to be known as the famous ‘Geneva Surrender’. Once negotiations began, the USt cajoled India to agree to Agreement on Trade-Related Intellectual Property Rights (TRIPS) and a pharmaceutical patent regime. Joining the WTO and becoming a signatory to TRIPS required India to reinstate a pharmaceutical patent regime in exchange for greater trading benefits in other sectors, like textiles. This chapter recounts the diplomatic negotiations and national politics that led to India agreeing to TRIPS.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while ...
More
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.Less
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.
