Record Details

Legal and Administerial Overreach by IPO while Considering Proof of Right Requirement

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Field Value
 
Title Legal and Administerial Overreach by IPO while Considering Proof of Right Requirement
 
Creator Bose, Christy C.
Akhila, V. P.
 
Subject PCT Rule 4.17
Proof of Right
Declaration by Inventors
Indian National Phase Application
Patent Office Manual
WIPO CASE
 
Description 20-30
India being a dualist country has to domesticate treaty obligations to enforce the same at domestic level by enacting statutes, which in turn must be construed in the light of the parent treaty. This paper introspects the complexity in identifying the applicable rule concerning the Proof of Right requirement for Indian National Phase Applications under Patent Cooperation Treaty (PCT) Rule 4.17. It goes on to highlight the incongruity between the PCT regulations and the domestic law as interpreted and applied by the Indian Patent Office (IPO). A comparative study of legal positions in other countriesare also included for a better understanding of approaches by foreign patent office towards implementing PCT obligations concerning Proof of Right. In essence, this paper sheds light on how the IPO’s demand for proof of right contradicts with several provisions of the PCT Regulations, the recent PCT Applicant’s Guide for the national phase and concludes by mooting some suggestions to resolve the issue.
 
Date 2021-03-15T10:03:40Z
2021-03-15T10:03:40Z
2021-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/56497
 
Language en_US
 
Rights CC Attribution-Noncommercial-No Derivative Works 2.5 India
 
Publisher NISCAIR-CSIR, India
 
Source JIPR Vol.26(1) [January 2021]