Document Type

Article

Publication Year

2008

Journal Title

National Law School of India Review

Abstract

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.

First Page

165

Last Page

180

Num Pages

16

Issue Number

2

FIle Type

PDF

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