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6 Issue 4 Int'l J.L. Mgmt. & Human. 1516 (2023)
Patent Protection in India and Canada: A Comparative Appraisal

handle is hein.journals/ijlmhs24 and id is 1539 raw text is: International Journal of Law Management & Humanities

Patent Protection in India and Canada:
A Comparative Appraisal
SUMIT KUMARI
ABSTRACT
This research paper presents a comprehensive comparative overview of the legal
frameworks governing patent protection in India and Canada, offering a focused legal
perspective. The study examines key aspects related to obtaining, registering, and
maintaining patents in both countries, alongside an assessment of patent search and
information facilities. The enforceable patent protection term, crucial to inventors and
innovators, is critically analyzed. Furthermore, the paper explores the mechanisms for
monitoring and addressing patent infringement and the potential consequences of patent
revocation. Through a meticulous examination of primary and secondary sources, including
domestic laws and relevant case studies, this research highlights the similarities,
differences, strengths, and weaknesses of the patent systems in India and Canada. The
findings aim to contribute valuable insights for policymakers, legal practitioners, and
stakeholders to improve and harmonize patent protection regimes, fostering innovation and
promoting cross-jurisdictional collaboration.
Keywords: Canada, Comparative analysis, India, Legal frameworks, Patent.
I. INTRODUCTION
In the pursuit of fostering innovation and propelling economic growth, countries worldwide
have established legal frameworks to safeguard intellectual property rights (IPRs) - a vital facet
of modern-day economies. Among the various forms of intellectual property, patents play a
paramount role in incentivizing inventors and creators to disclose their novel ideas and
inventions, driving technological progress and societal advancement. As of the current date,
July 21, 2023, the significance of patent protection in shaping the innovation landscape cannot
be understated.
The research article at hand embarks on an in-depth exploration of patent protection regimes in
two diverse yet dynamic economies - India and Canada. Through a meticulous comparative
legal analysis, this paper endeavors to shed light on the nuances and intricacies of the patent
systems in these countries, evaluating the requirements to obtain a patent, the process of
1 Author is a Research Scholar at Department of Political Science, Central University of Haryana, India.
© 2023. International Journal of Law Management & Humanities       [ISSN 2581-5369]

1516

[Vol. 6 Iss 4; 1516]

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