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Report No. 167

The Patents (Amendment) Bill, 1998

Chapter 1


1.1. Genesis of the report.-

The Law Commission of India has taken up the study of the Patents (Amendment) Bill, 1998 (introduced in Rajya Sabha on 10th December, 1998 and passed by the Rajya Sabha on 22nd December, 1998) suo motu in view of the fundamental importance of the provisions contained in it and notwithstanding the fact that it has already been passed by the Rajya Sabha. This unusual step is being taken in view of certain omissions in the Bill. For example, though Article 27 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) entitles the member-States to provide for certain exemptions, they have not been incorporated in the Bill.

The said omissions impinge seriously upon our national interest. There are others as this Report will disclose. Having considered the provisions of the Amendment Bill in depth, and after consulting several experts on the subject, the Law Commission is submitting this report. The recommendations contained in the Report may be considered by the Government and the Lok Sabha while debating the said Amendment Bill in the Budget Session.

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