World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: This period is counted from the date of filing. The first action is the issuance of the examination report which contains formality objections and technical objections.

Brazil 29:

Regarding the reform of the Indian Patent Law, please explain the benefits and challenges of the use of exceptions and limitations to the patent rights.

Reply: Exceptions and limitations as introduced in the Patents Act are to ensure that monopoly rights are not abused and these have been introduced in public interest. These provisions of law have not been used so far, but the same may be used as and when the situation so warrants.

Brazil 30:

Regarding the use of the Traditional Knowledge Library, please explain the main challenges encountered in other countries in order to avoid the misappropriation of the traditional knowledge created in India.

Reply: Traditional Knowledge Digital Library has been shared with large number of prominent intellectual property offices in the world through an access agreement. The resource is in the International Patent Classification format and can be easily accessed and used for conducting prior art search by the patent examiners. Considering that it is a fairly new database, there could be practical problems faced by patent examiners who are unaware of the Indian traditional knowledge. In order to facilitate access, the TKDL unit of CSIR also provides training as and when requested by patent offices. Such a training was provided to the U.S. patent examiners last year.

Brazil 31:

With regard to competition policy, please provide information of its interface with Intellectual Property Rights. Has any case of restriction of IPR in mergers and acquisitions ever occurred?

Reply: The rights which are conferred under various IPR Acts are exempted under the anti competitive agreements under Section 3 of the Competition Act. As on date no issue on restriction of IPR is mergers and acquisition has arisen.