Chapter

The Poor Nations Harmonize

Srividhya Ragavan

in Patent and Trade Disparities in Developing Countries

Published in print August 2012 | ISBN: 9780199840670
Published online September 2012 | e-ISBN: 9780199949786 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840670.003.0004
The Poor Nations Harmonize

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This chapter discusses India's response and reservations during the Uruguay Rounds and notes that India and Brazil both experienced a decreasing diplomatic relationship with the United States. It first studies the dispute surrounding India's mailbox mechanism and the Indian Patent Act, which helped the Indian patent regime become a fully TRIPS-compliant legislation. It also examines some features of the Indian patent legislation and several amendments that were introduced in order to protect national objectives and local industries. It then uses a developmental perspective to examine the new patent regime of India. The latter half of the chapter shows how Brazil adapted to the trade regime and explores the events that occurred after the adoption of TRIPS, including the judicial and legislative changes that took place. Finally, it identifies the various developmental defects of the international patent regime.

Keywords: Uruguay Rounds; diplomatic relationship; mailbox mechanism; Indian Patent Act; patent legislation; legislative changes; developmental defects; international patent regime

Chapter.  17679 words.  Illustrated.

Subjects: Intellectual Property Law

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