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National Law School of India Review


This paper discusses the role of the Indian Judiciary vis-A-vis the patent regime, but carefully avoids creating an exhaustive wish list. Instead, this paper uses illustrations from the United States to draw valuable lessons. Importantly, the paper does not advocate that the Indian Judiciary emulate the United States judiciary. In fact, conventional wisdom dictates that copying the policies or precedents of the West does not always work in developing countries given the stark differences in ground realities like poverty, investments, infrastructure, and other such indicators. Instead, the judicial wisdom that characterizes each of the illustrations sets the common thread for the paper. The lesson lies in appreciating the wisdom with which courts abroad have spearheaded amendments and set standards for the patent regimes to achieve national objectives. Thus, this paper is a compendium of stories outlining the role of the judiciary and its effects in promoting, streamlining, or even disrupting the patent regime.

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