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29 Vand. J. Transnat'l L. 507 (1996)
Prospects and Limits of the Patent Provision in the TRIPS Agreement: The Case of India

handle is hein.journals/vantl29 and id is 519 raw text is: Prospects and Limits of the Patent
Provision in the TRIPS Agreement:
The Case of India
Martin J. Adelman*
Sonia Baldia**
This Article analyzes the impact of TRIPS on the
pharmaceutical industry in India, an industry that has
traditionally taken  a  'free-ride on  the  technological
developments of other nations. The authors discuss the
patent system in India prior to TRIPS and India's long-term
refusal to join the Paris Convention regarding intellectual
In the past, India had limited protection for technology.
Some areas-food, pharmaceuticals, and products made by
processes-received no patent protection at all.  TRIPS
changed this system and also changed the compulsory
licensing and license of right provisions that limited patent
protection  in India.   The   authors  argue  that all
people-scientists in India and abroad, as well as Indian
consumers-will eventually benefit from the new system so
long as India subsidizes drug costs for the very poorest
*    Professor of Law, Wayne State University Law School, Detroit,
**   S.J.D. Candidate, George Washington University, Research Scholar,
Max-Planck-Institute for Foreign and International Patent, Copyright and
Competition Law, Germany.


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