IPR / TRIPS

Intellectual Property Rights (IPR) and Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Mr. Amarjit Singh

Under the TRIPS Agreement, a period of 10 years was provided by WTO and WIPO to the developing countries, including India and China to postpone the implementation of the provision relating to product patent till 31st December, 2004. The issues relating to the grant of product patent by the developing countries and removal of import barriers on textile products by the developed world are major issues as are being looked at closely by the entire world under the TRIPS Agreement. India was obliged to amend its patent laws to be in conformity with the TRIPS Agreement and Paris convention. The inventions for substances intended for use are capable of being used as medicine or drug or the substances prepared or produced by chemical processes (bio chemical, bio technological and micro biological process) would be patentable. The Government of India has passed a bill on 24.12.2004 which was approved by parliament and has been valid since 1st January 2005. The point is that this law is now legally enforceable in India without any doubts (while we have some doubts in the case of China).

Several years back, one of OEC's Swiss customers, a Pharmaceutical Company, assigned OEC to support them in a case where their IPR was violated by an Indian company. With the engagement of the leading Indian IPR lawyer, who is also active worldwide, Mr. Amarjit Singh, the case was settled to the client's full satisfaction within two years only (long before 1.1.2005). The profile of Mr. Amarjit Singh in the list or panel of neutrals at WIPO and INTA can be seen on the following two websites:

World Intellectual Property Organization WIPO, Geneva
International Trade Mark Association INTA, New York

For more information on Amarjit & Associates download the pdf here.