ARTICLE
27 November 1998

Cabinet Clears Patent Bill For EMR's

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Anand & Anand

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Key practice areas: IP, Patent, Trademarks, Copyright, Litigation, data protection; healthcare & pharmaceuticals; licensing & franchising; technology, media and telecommunications; customs, white-collar crime About Us: Anand and Anand is a pre-eminent full-service Intellectual Property law firm based in New Delhi, India. Founded in 1923, the firm works with leading businesses, brands, institutions, and personalities across the globe for their intellectual property needs. The firm offers full range of legal services for acquisition, commercialization, building of IP portfolios and enforcement of intellectual property rights in the areas of patents, designs, trademark, copyrights, trade secrets, domain names, geographical indications, data privacy, and more. Ranked highly on leading benchmarking tables, the firm has been instrumental in paving the way for a stronger IP regime in India and is committed to pushing the envelope when it comes to change in substantive and procedural law, and helping clients monetize
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CABINET CLEARS PATENT BILL FOR EMR's

On the 23rd of November 1998, the Cabinet of the Government of India has cleared the Patents Bill which would establish a formal facility for accepting Exclusive Marketing Rights (EMR's) applications in line with India's commitments under the WTO.

The said Patent Bill is likely to be introduced in the winter session of the Parliament, which starts on the 30th of November 1998, and in effect would be a legislation for allowing EMR's and mailbox facility for accepting EMR applications.

Thus while the Government has for the time being, expressed its preference for the EMR route rather than the route of granting product patents, it has at the same time expressed its intention to simultaneously explore the introduction of product patents at the earliest opportunity, perhaps as early as in the budget session of the Parliament, early next year.

This is a very positive move of the Government which would meet the international obligations under Article 70 (8) and 70 (9) of the TRIPS agreement and would pave the path for a stronger patent regime in India.

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