CONCEPT OF PATENTS LAW IN INDIA

INTRODUCTION

The concept of the Patent for the very first instance emerged from the Venice since 1450, but
India has identified to acknowledge the concept since the period of colonisation of the British
and the protection of inventions according to the British Patent Act of 1852 was regulated in
India, in the year of 1856. But it would not be false to say that concept of patent was existent
in India even before the colonisation of the British period as the concept of creating and
inventing something was always been a regular practice, since the Emperor Rule in 800-200
BCE. In the Emperor Rule, there was a tradition maintained that new innovations were
brought before the King and he, if impressed and convinced by the newness of the thing,
extends the inventor, a surplus rewards and also the acknowledgements all over the
kingdom1.

In todays scenario, the Concept of patent has been influenced by, many factors, as national
economic fluctuations and International Treaties which are, Paris Convention, Budapest
Treaty, Uruguay Round, TRIPS, GATT, PCT and some more. The Invention is needed to be
utilised worldwide together with it is required to be protected worldwide, so the philosophy
of Patents has to gain significant consideration throughout the World so that the protection of
Patents be maintained. Even India developing country, somewhere paid commendable
acknowledgement to the International Convention and WTO, understanding the importance
of the Globalisation and Modernisation and has time to time started responding by amending
and changing the provisions of the Patent laws. Our country has managed to approach a
radical and critical position internationally by its vigilant participation, but undoubtedly some
politics is always there, which somewhere resulted into the failure of it up to some extent
which can be witnessed with number of filings in the Patents and infringement of patent
applications being filed. For instance, recently Indian Intellectual Property Laws were
subjected to sharp criticism as talks of Government invoking emergency provisions with
regards to Dasatinib, a cancer drug. So, the India in regards to Patent law has although
increased the notches level of decibel, as in order to fulfil the committed obligations made
under the TRIPS Agreement2. Invention and innovations have witnessed to be speeded up in
myriad ways in last due decades but still it has a lot more to do. In India, the incentives with

1
Elizabeth Verkey, Law of Patent, Ist Edition, 2005, Eastern Book Company, Lucknow, at page no. 15-16.
2
The Hindu Defending Indias Patent Laws, by Prabha Sridevan, on 12 th May, 2014 in regards to the case of
Natco Pharma Ltd. v. Union of India, (2013) 7 SCC 241.

1
regards to intellectual property rights are seems to be excessively given as the protection is
exclusively exploited by the person who has invented it and enjoys highly lucrative
monopoly on it, even the ever-greening concept i.e. making small changes to a drug, often
about to come off patent, in order to gain a new patent that extends its manufacturer's control
over it which is a way of cheating on the implicit bargain of patents.

Part I: Historical Development of Patent Law in India

I.1. Origin

The history of Patents in India can be traced back to the nineteenth century A.D., where the
first Patent Act was enacted during the British Regime in the year 1856 which was based on
the British Patent Law of 1852. It is also worth mentioning that the first patent to be granted
in India was that of a "Pankha" and it was granted to DePenning. 3 Since then, prominent
changes have occurred in the Indian Patent regime ever since the first filing of patent by
DePenning in the form of various amendments. The amendments that have occurred over the
years in the Patent Regime in India are4:

The Patents Amendment Act, 20055 seeks to bring the Indian patents Act in consistent with
the Trade Related Intellectual Property Rights (TRIPS) Agreement.

I.2 Circumstances and Need for formulating the Concept of India:

With the emergent origin of the Concept of Property, when man has started cultivating the
agriculture land and then after the incorporation of material growth of the Urbanisation, Men
indulge himself into importing of new foodstuffs from the Foreign States. Thereafter, the
Men enlarged his thinking and excavate into the available resources in order to create
innovations and inventions. With the development of Science, the need for publication of
knowledge was become necessary as well as was inevitable6. This necessitated some form of

3
History of IPR, by Auromaa Associates, available at www.auromaaassociates.com/hisipr.html.
4
Dr. VK Ahuja, Intellectual Property Rights in India, vol. One, reprint 2012, by LexisNexis Butterworths
Wadhwa, New Delhi, India, page no. 849
5
After so many development as the Act VI in 1856 for the protection of inventions based on the British Patent
Law of 1852. Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years,
then, 1859 wherein the Act modified as Act XV; Patent Monopolies Called Exclusive Privileges (Making.
Selling and Using Inventions in India and authorizing others to do so for 14 Years from Date Of Filing
Specification), then The Patents & Designs Protection Act, 1872 modified as The Protection Of Inventions Act,
1883, then Consolidated as the Inventions & Designs Act in 1888, after which The Indian Patents & Designs
Act, 1911, then for the first time the proper the Patent Act, 1970 came in, which got amended in 1999, 2002 and
2005.
6
Dr. Elizabeth Verkey, Law of Patents, 2nd edition, 2012, by Eastern Book Company, Lucknow at page no. 1.

2
protection for the modern technology and the remedy to stop the exploitation of invention and
industrial development was to initiate the method for encouraging the disclosure faithfully.
Thus, the scientific knowledge was also converted into the form of property.

Hence, the term intellectual property was said to be known as to the property which is
perceived by the mental strength of the person. Intellectual property provides rights of
ownership in the property which is created through the mental expression of the human mind
which basically based on the rule of exclusion that no one else can claim the property to be
his except the person who has the exclusive right over the property. The disclosure of
invention provides sufficient information to the public, which helps in avoiding wasteful
piracy of the efforts and the multiplication of costs during the grant of patent. Broadly the
grant of patent not only recognises rewards and protects the creativity of the inventor but also
acts as an inspiration for the further inventions which ultimately ignites the technological
development of a nation. The object of the patent Law is being observed by Justice Sarkaria,
in the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries,7 as to
encourage the scientific research, new technology and industrial progress. The grant of
exclusive privilege to own, use or sell the method or the product patented for a limited period,
stimulates new inventions of commercial utility.

I.3 Advantages of Patents

a) Patentee gets the exclusive rights to prevent third party from making, using, offering
for sale, selling or importing the product invented by him, without his consent8. He
has exclusive right to use his invention and his rights are well protected under the Act.
b) The patentee has got a right to bring the suit for infringement of his patent and he can
seek remedies like, Injunction, damages and an account of profit against the person
who infringed his patent.
c) If the patentee has no means to commercialise his patented invention, he can sell his
invention to any capable person and grant license to him to exploit his product and
thereby the patentee can also earns profit thereby.
d) The holder of the exclusive license can also enjoys the rights given to the patentee and
can also file a suit in case of any infringement of Patent. Exclusive licensee means a
license from a patentee which confers on exclusion of all other persons (including the

7
(1979) 2 SCC 511, at p 517.
8
Section 48 of the Patents Act, 1970, which subs. By Act 38 of 2002,sec. 25 (w.e.f. 20-05-2003).

3
 patentee) any right in respect of the patented invention and exclusive license shall be
construed accordingly section 2 (f).
e) A patentee gets the right to make improvements in or modifications of an invention
described or disclosed in the complete specification of the main invention and obtain the
Grant of a patent for the improvement or modification as a patent of Addition.

II. Analysis to the International Conventions in Patent System

Although the explosion of technology and the increased trade flow among countries have
escalated this problem, the need for international patent protection has existed for a long time
and followings are the developments in order to give contribution to the Intellectual Property
Rights:
Paris convention

The Paris Convention has established the fundamental principles of national treatment for all
seeking protection of IP rights, whether foreign or nationals9, the rights of Priority, with a
specified (12 months for patents, six months for trademarks) for applications to be filed in
other member nations10 and the guarantee of a certain minimum protection. The main focus
was that the nationals of a country signatory of the convention must enjoys in other countries
signatories of the convention, the same rights with regard to the intellectual property as their
own nationals11.

This convention was to establish the foundation for international patent cooperation, but they
are of little assistance in addressing the needs of modem industry. For instance, the various
patent systems now in existence require an inventor to file patent applications in every
country where he seeks patent protection. This duplicative effort provides for a very
inefficient system. In addition, the Paris Convention failed to adequately define the scope of
protection afforded to patents, leaving the resolution of such questions to the individual
states' national legislation. Further, the Paris Convention failed to specify the patentability of
various substances and processes.
WIPO

The role of WIPO is to accelerate the international cooperation with the creation,
disseminate, use and protection of the works of the human mind for economic, social, culture

9
Paris Convention, Art. 2
10
Ibid, Art 4.
11
Paris Convention, Art 2.

4
progress of all mankind. It protects the intellectual property internationally through
cooperation among States and promotes by:

a. Concluding new international treaties;

b. Providing technical assistance to the developing world;
c. Consolidating and organise the industrial property information;
d. Facilitating the intellectual property protection in several countries;
e. Providing administrative cooperation among member States.

Further, WIPO has become widely accepted by the international community as the principal
source of reform in international patent law. For example, the Soviet Patent Office
specifically consulted WIPO when considering making changes to its patent laws. The role of
WIPO in leading reform in the international patent field has solidified considerably since its
creation in 1967. Correspondingly, WIPO is best suited to carry out any necessary changes in
harmonizing international law.
TRIPS

The TRIPS Agreement is one of the most important commercial treaties in modern era. Its
aim was to revolutionise the treatment of intellectual property in the signatory countries. The
Agreement was negotiated in order to reduce distortions and impediments to international
trade and to promote significant protective measures for intellectual property12. According to
the Agreement, 20 year patent protection was recommended to be made available for all
inventions whether of product or processes, in almost all fields of technology and provides
guidelines for the harmonization of IP rights laws under World Trade Organisations. It was
the first IP rights which acknowledged the patent protection for the living organisms.

Article 8 complements the provisions of Article 7 quite well. This Article provides that while
formulating their intellectual property laws, the Member States can adopt "measures
necessary to protect public health and nutrition, and to promote the public interest in sectors
of vital importance to their socio-economic and technological development ... Further it is
provided that "appropriate measures ... may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which unreasonably restrain trade
or adversely affect the international transfer of technology".

12
PART III, Enforcement of Intellectual Property Rights, Trade-Related Aspects of Intellectual Property Rights,
1994.

5
The Doha Declaration unequivocally stated at the outset that TRIPS Agreement does not
and should not prevent Members from taking measures to protect public health (emphasis
added). The Ministers further stated that the Agreement can and should be interpreted and
implemented in a manner supportive of WTO Members right to protect public health and, in
particular, to promote access to medicines for all. It was emphasised that the WTO Members
have the right to use, to the full, the provisions in the TRIPS Agreement, which provide
flexibility for this purpose.
Two critical issues were particularly emphasised in the Doha Declaration. The first was that
the provisions of the TRIPS Agreement should be read in the light of the object and purpose
of the Agreement as expressed, in particular, in its objectives and principles.
The objectives of the Agreement on TRIPS provided in Article 7 states that the protection
and enforcement of intellectual property rights should among other things be conducive to
social and economic welfare and to a balance of rights and obligations. Furthermore, Article
8 of the Agreement directs WTO Members to adopt measures necessary to protect public
health and nutrition while formulating or amending their laws and regulations relating to
intellectual property. Thus, Articles 7 and 8 of the TRIPS Agreement require that WTO
Members must ensure that the laws relating to all forms of intellectual property rights
covered by the Agreement give due consideration to issues like protection of public health
and nutrition and do not merely serve the interests of the owners of intellectual property.
PCT

The PCT is an agreement for the international cooperation, to simplify and to make the
economical filing, searching, examination, and other technical services of the patent
application for a series of countries13. The PCT is a procedural treaty and the actual grant is
by the national patent offices, through which an applicant can file a single application called
the international application. There are currently more than 120 PCT member nations. To
overcome the problem of duplication, BIRPI/WIPO came out with a new treaty called Patent
Cooperation Treaty in 1970.

Although the PCT also provides a central receiving office to determine if patent applications
meet the requirements it outlines, this is the extent of the harmonization. The receiving office
functions as a filtering stage for collecting and inspecting applications that are then
distributed to each nation designated by the inventor. 185 Although this procedure minimizes

13
Patent Cooperation Treaty, done at Washington on 19 June 1970, amended on 28 September 1979, modified
on 3February 1984, and 3 October 2001 (as in force 1 April 2002.

6
the burden on the applicant, it still results in repetitive effort with respect to the prosecution
of the patents in the chosen nations. The PCT extends inconsistent protection to the patent in
the different countries because it does not provide control over, or uniformity in, the
individual states' patent laws.
These International Treaties, broadly have the united agenda of promoting the inventions and
human skills internationally and also to ensure protection to it throughout the world.

III. Advantages & Disadvantages of the Patents Act and Amendments made therein:

The Patent Act, 197014:

The Act is order to comply with the industrial needs, appointed the Justice Rajagopala
Ayyangar committee which suggested for the Process patenting so that medicines could be
made available to the poor section of the society at low price.

Advantages Disadvantages
1. This Act brought the opportunities 1. Indians have the attitude of sharing the
with the citizens of India, to develop knowledge to others without protecting
processes, which inculcate huge it, which is in turn, a major drawback.
benefit in economic growth of India. Thus there was no mention in the

2. Bulk drug manufacturers made use of Patents Act, 1970 for the protection of

this opportunity in manufacturing products such as Darjeeling tea and

drugs in bulk and selling at a cheaper Basmati rice, which are famous for
their superior quality from that
price.
geographical location. In addition to
these, since ancient times some plant
parts of turmeric, neem were well used
as medicine, but there is no mention in
the Patents Act, 1970 for the protection
of the ancient knowledge which is
being used since generations.

14
P. Narayanan, Patent Law, 4th Edition, Reprint in 2010, Eastern Law House Private Ltd., Kolkata at page
no. 2-3.

7
 The Patent (First Amendment) Act, 199915:

Under this Amendment, the Product patent application can be filed provided that the
product is used as the medicines or drugs, except intermediate. To fulfil the exclusive
marketing rights to the drugs and medicines during the transition period, Chapter IVA has
introduced, to sell and distribute a drug or medicine granted for applicants on satisfaction
of certain conditions. These exclusive marketing rights were typically valid for a period
of 5 years and would come to an end earlier on grant or rejection of the patent.

As this Amendment provided the grant of exclusive marketing rights for only drugs and
medicines were, per se, resulted into the failure as it narrowed down the scope of the
rights, as all the product patent applications for food, medicine and drugs were regarded
into the mail box.

The Patent (Amendment) Act, 200216:

The very significant addition made therein was that the term Invention was substituted by
a new definition, which included Inventive Step as an element of an invention under the
Act. The term of a patent was made twenty years from the filing date of the patent
application for all inventions. The list of non-patentable inventions under Section 3 was
modified. This also added the condition to deposit of biological materials that formed part
of a patent specification and the publication of the patent application on the completion of
the eighteen months from the priority date. The patent office was made authorised to
maintain electronic records.

The only drawback was that the compulsory license concept was not considered and even
certain ambiguities were left unnoticed in definitions and also the whole scope of patent
was not recognised because of which further 2005 Amendment came into picture.

The Patents (Amendment) Act, 2005:

The chapter relating to definitions was once again modified. The provisions were added
in the Act to bring the International Recognition of the Deposit of Microorganisms with
the Budapest Treaty17. The highlighted part was the new clauses added in section 3(d) of

15
Kalyan C. Kankanala, Arun K. Narasani, Vinita Radhakrishnan, Indian Patent Law and Practice, 2010,
Oxford University Press, New Delhi.
16
Ibid, at page no. 4-5.
17
Section 2(aba), Indian Patent Act, 1970 as amended in 2005.

8
 the Act, which was later supported by the Supreme Court decision in Novartis AG v.
Union of India18, by saying that section 3(d) was not violative of the fundamental rights
and was valid.

In fact, the exclusive marketing right related to drugs or medicines was also omitted and
various provisions of the Act were modified in order to give recognition to Patent
Cooperation Treaty (PCT) applications. The High Court and Appellate Board was given
the power to allow the applicant to modify the patent specification before the patent is
revoked. Importantly, the compulsory licence relating to a patented pharmaceutical product
was made available for purposes of supplying the product.19

IV. Critically Analysis of the Present Patent Position in India:

After the 2005 Amendment, India has introduced again the pharmaceutical patenting in order
to comply with its obligation arises out of being the member of WTO. Although the concept
was quiet emergent but India being mired in poverty and suffered from public health crises,
could not able to respond to it in an efficient and better manner. As India, which is a highly
populated country, has widespread poverty, lack of health insurance, affected by the foreign
influence, a fragmented pharmaceutical sector, a delicate coalition government and having
citizens who has esoteric patent law knowledge, has opted for the scenario which is fully
westernized in totality. In 20th century only, our country has accepted to introduce
Globalization as well as in global economy, resultantly it became the member of the WTO by
which compelled the nation to once again award the patents on drug. Henceforth, our nation
has also accepted for the internationally regulated criteria for granting the patent that too
extended for the period of twenty years beyond filing. These fundamental changes to Indias
patent regime are very controversial in nature and cannot be expected to come quickly from
the perspective of large population suffering.20 India is witnessed to be exploited in reality by
the WTOs Agreement on the Trade-Related Aspects of Intellectual Property as it gives
adverse impact on the social cost of the patent protection of public and while at the same time
provides necessary incentives for the domestic research and development in medicines and
health. The paradigms do not only have the negative impacts, it also enhanced rapidly the

18
(2013) 6 SCC 1.
19
Section 92A Indian Patent Act, 1970 as amended in 2005.
20
In Depth Analysis of Indian Patents Law by Janice M. Mueller, University of Pittsburgh Law Review
Spring, 2007, available at http://www.nalsarpro.org/CL/Articles/InDepthAnalysisofIndianPatentLaw.pdf.

9
economic growth of the country by showing the significant growth in GDP of the country
since 1994.

Thus, TRIPS has transformed the legal and business framework in India. Quality of
intellectual property protection improves the expenditure on research and development as a
whole and will include the wide fields of technologies as, both the process and product patent
is being permitted. Some of the areas are as followed:

Pharmaceuticals:

In India, new drugs for the treatment of various diseases would be patented after the TRIPS
Agreement, which resulted into the fixation of price beyond the affordability limit of the
citizens of the country as India is now focusing on the industrial development by producing
transnational brands and also turned down to export the pharmaceuticals substances and
formulations, since the Patent Act, 1970 came into existence. Then the Indian researches is
witnessed to be suffered by the polite piracy being going on i.e. reverse engineering, and
thereafter the pirates made the drug available at the fraction of their price abroad for a
fraction of their investment21. Thus, the numbers of manufacturers are suffering adversely
due to the introduction of the product patent. The research and development is to be promoted
for having the sustained competitive advantage but for this, the price has to be increased. But
the Indian consumers will not prefer the 10 12 times more for a basic drugs as they are used
to cheap rates for drugs.

Chemical Industry:

The Indian chemical industry is an integral part of Indian Economy. The characteristics of the
Indian chemical industry are:

High domestic demand potential

Low exports
Cost disadvantages
Low level of research & development
Emerged from protected environment to highly competitive global market.

21
An economic analysis of the Patent rights assignment in India, a research paper submitted by Nishant
Thakur Jamia Millia Islamia University, submitted to Competition Commission of India, available at
http://cci.gov.in/images/media/ResearchReports/NishantThakurPatent.pdf.

10
 Developed from basic need phase to expansion phase and then faced multiple
changes.

As going by TRIPS, India has fulfilled its obligation by adding the provisions but it is
way difficult for India to implement the same with regards to the populations which
includes approx 60% from the middle class and 30% from the extreme poverty and 10-
20% from rich class.

The Strategic Impact:

The scope of patent protection is constantly widening. The companies are entitled to
spend enormous amount on researching innovations which will circumvent of patents. In
case the patent violation case is being filed, the possible compensation has to be paid,
when the violation is being proved, adding the costs of litigation and the cost can be
prohibitive.

Effect of Change in Patent Regime:

On Transnationals:
1. Investment will granted better intellectual property rights protection,
2. Their research and development center can be set up in India.
3. Technology transfer to Indian joint ventures will be safer.
4. Patents held by global patents will be recognized in India.
Effects on consumers:
1. Global product will become more easily available in India.

2. Better product will be available to the consumer.

3. More products will meet higher quality standards.

4. Prices of some patented product will increase.

Effects on research and development:

1. Research results must be patented before publication.
2. Technologies development will be licensed out.
3. Corporate and lab will collaborate on research and development.
4. Commercialization of research will earn royalties to fund research and development.
Effects on government:
Policies are conforming to the new regime must be created.
1. The process of granting patents must be speeded up.

11
2. Patent application fees will become a source of revenue.
3. Penalties for violation of patent laws will have to be hiked.

Thus, the present position of Indian patent law is significantly focused on the economic
development and outcomes with regards to international perspective and worldwide approach
wherein somewhere the idea of social justice to its own nationals is being left out. As the
citizens of India are being inherently guaranteed with the Right to health and medicines
Honble Supreme Court, in the case of Consumer Education & Research Centre v. Union of
India22 held that right to health and medical aid to protect the health is a fundamental right
under Art. 21. The Supreme Court again in Parmanand Katara v. Union of India23 held that
right to health and medical assistance is a fundamental right under Art.21. The fundamental
right is attainable by the virtue of Article 32 and 226 of the Indian Constitution. The same
ratio was laid down in a number of other cases. Thus it can be said that the right to access of
essential medicines is a human right, and patenting them would lead to restricting their
production and access, violating this human right. However the pharmaceutical industry has a
conflicting ideology and believes that patenting of essential medicines is a necessary step.

V. Conclusion and Suggestion:

It is perhaps concluded on the perspective of globalisation, that when it is properly managed,

there could be many strategic and economic advantages from the international patent
protection as it seeks to optimise the value of its invention as the word development is
much needed for India24. However, implementation of such a patent-portfolio-management
strategy requires careful planning, coherent organization, and a commendable knowledge of
an inventions potential. For example, critical consideration include market potential (both in
terms of monetary and geographical factors), the presence or absence of competitors, and the
overall patent protection regime (in terms of laws and enforcement) in the various nations or
regions where the invention might be used, sold, produced, or marketed. If these
considerations have given carefully weighed, then the options for patent protection can be
evaluated. For instance, patent application can be filed within national, regional, or
international systems (PCT), each of them having its own advantages and disadvantages,
depending on the objective and resources of the organization. So, the coherent planning is

22
(1995)3 SCC 42.
23
1989 SCR (3) 997.
24
Access to Patented Medicines: Issues Faced by the Pharmaceutical Industry, by Mohit Rohatgi and Ritwik
Bhattacharya, available at http://www.indialawjournal.com/volume5/issue_1/article3.html.

12
essential, and a thorough knowledge of all relevant parameters is fundamental. Thus, it is
important to remember that such as overall strategy can be effectively employed to maximize
either business or humanitarian objectives.

Further, when we look at patents from the human rights perspective, it seems very obvious
that patents facilitate artificially high process due to their conferral of long term monopoly
rights. Consequently, there is denial of access to essential drugs which endangers the right to
life, which is even protected in Article 6 of the International Covenant on Civil and Political
Rights (ICCPR) and the right to the highest attainable standard of physical and mental
health in Article 12 of the International Covenant on Economic Social and Cultural Rights
(ICESCR). In the way contrary, Article 15(1)(c) of the ICESCR provides for the authors
rights to commercially exploit, among other things, their scientific inventions. Thus, the
concept of ownership and usage over ones scientific inventions, or the concept of property
arises.

Moreover, when the Indian perspective is looked upon in the patents field, the very fact that
India entered into the global economy of patents at the end of the 20th century is the evidence
that the membership to the WTO has compelled India, to do so, although it is not that
adverse, in facts it initiated surplus growth only. But the only problem left is the population
who are suffering from the life-threatening diseases are somewhere being left out because of
the India focusing on the international growth but the development actually be visualise,
when the nationals of India got benefitted by the patented pharmaceuticals and product.

BIBLIOGRAPHY:

1. Kankanala, Kalyan C., Narasani, Arun K. And Radhakrishanan, Indian Patent Law
and Practice, 2010, Oxford University Press, New Delhi.
2. Dr. Elizabeth Verkey, Law of Patents, 2nd edition, 2012, by Eastern Book Company,
Lucknow.
3. P. Narayanan, Patent Law, 4th Edition, Reprint in 2010, Eastern Law House Private
Ltd., Kolkata.
4. Dr. VK Ahuja, Intellectual Property Rights in India, vol. One, reprint 2012, by LexisNexis
Butterworths Wadhwa, New Delhi, India.
5. Dr. Elizabeth Verkey, Law of Patents, 1st edition, 2012, by Eastern Book Company,
Lucknow.

13
6. Access to Patented Medicines: Issues Faced by the Pharmaceutical Industry, by Mohit
Rohatgi and Ritwik Bhattacharya, available at
http://www.indialawjournal.com/volume5/issue_1/article3.html
7. An economic analysis of the Patent rights assignment in India, a research paper
submitted by Nishant Thakur Jamia Millia Islamia University, submitted to
Competition Commission of India, available at
http://cci.gov.in/images/media/ResearchReports/NishantThakurPatent.pdf.
8. In Depth Analysis of Indian Patents Law by Janice M. Mueller, University of
Pittsburgh Law Review Spring, 2007, available at
http://www.nalsarpro.org/CL/Articles/InDepthAnalysisofIndianPatentLaw.pdf

14