Explain the implications of the implementation of Intellectual Property Clauses in our patent low regime after joining the WTO.

With effect from 1st January, 2005 the Patents Act of 1970 has been amended and implemented. To fulfill the obligations of the WTO, The Indian Patents (Amendment) Act, 2005 makes provisions. India was under obligation to respect the Trade Relates Patent Rights (TRIPs) Agreement of WTO after joining the WTO. So, to protect Intellectual Property Rights of other nations' companies India amended the Patent Act. If now covers all field of technological intellectual property rights related to drugs, food and chemicals.

Indian Pharmaceutical companies will have to suffer a lot, because many of them will not be able to export their drugs. However, it is provided they will not be liable retrospectively to save them. To Least Developed Countries (LDCs) they are free to export even patented drugs. Other chemical and Food industries will now require to submit to other big farms who have patented for a product. It is possible to contract with the companies who have patented for any drug or chemical or food item and then to produce that item.

It means an agency contract based work can be taken by them. R & D works in drugs and chemicals are expensive and is long term process of course. It is not possible for India's small companies to have patent rights registered in their work field, because only a big firms are able to do so. This is the factor responsible for difficulties in Indian economy.

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