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VOL. 9, ISSUE 5 (2023)
Use and acquisition of patent by government - A public and private right study: Analysis of Garware and Chemtura case
Authors
Shambhu Nath Mishra
Abstract
The research paper presents a comprehensive examination of the
government's authority to use patents under the Indian Patent Act of 1970,
focusing specifically on Chapter 17 and its pivotal Section 47. These legal
provisions play a crucial role in balancing the rights of patent holders with
the imperative of addressing public interest, especially during national
emergencies. Chapter 17 of the Indian Patent Act, 1970, is a cornerstone of the
legislation that outlines the circumstances under which the government can
exercise control over patents. Within this chapter, Section 47 stands as a key
provision, granting the government the power to revoke or alter patents for
inventions that are deemed prejudicial to the public. This section embodies the
Act's commitment to promoting innovations that benefit society while mitigating
any potential harm. Section 47 empowers the government to step in when it
determines that a patented invention, if freely used, would be detrimental to
the public interest. In such cases, the government can revoke the patent or
alter its conditions to ensure that the public is not adversely affected. This
authority is exercised judiciously to strike a balance between upholding the
exclusivity rights of patent holders and safeguarding the broader welfare of
the populace. Chapter 17, along with Section 47, exemplifies India's dedication
to maintaining equilibrium between intellectual property protection and the
imperative of public interest. These provisions reflect a forward-thinking
approach that recognizes the importance of fostering innovation while
mitigating potential abuses of patent monopolies that may be detrimental to
society. The implication plays a key role in effectively enforcing patent with
due consideration to public interest. The research paper analyses this aspect
of patent law in India and brings presents a detailed analysis of the
provisions.
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Pages:109-113
How to cite this article:
Shambhu Nath Mishra "Use and acquisition of patent by government - A public and private right study: Analysis of Garware and Chemtura case". International Journal of Law, Vol 9, Issue 5, 2023, Pages 109-113
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