|Country: INDIA||Period of Report: January 2005|
The Patents (Amendment) Ordinance, 2004 was promulgated by the President of India as Order No: 7 of 2004.
With this, the Indian government has met the deadline for complying with India’s obligation under the TRIPS on Patent law by extending product patents to pharmaceutical, food and chemicals. Rules for operation of product patents would be notified soon on the basis of the ordinance.
The government of India chooses the Ordinance route since the Patent (Third) Amendment Bill could not be cleared in the winter session of the Parliament. This means that the amendment would need to be cleared by Parliament within seven weeks from the time the Budget Session begins.
The salient features of the Ordinance are: