ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Patent Lies and Latent Danger

The creation, under the TRIPs agreement of 1994, of a uniform, standardised international patent regime, unheedful of the differing levels of development, natural and human endowments and history of various countries, has become controversial. Firstly, such a regime clashes with the 1993 convention on biodiversity wherein 170 countries have upheld the need for diversity. Secondly, the increasing patenting of life forms in the developing countries by the MNCs under the pretext of bio-prospecting will lead to a patent regime overwhelmingly in favour of the developed countries. Moreover the 20-year period of product patent rights together with the monopoly marketing rights eliminates the possibility of competing with the MNCs on equal footing. In such a scenario, what should India's position be on this issue?

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