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

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Title Statement Legal and Administerial Overreach by IPO while Considering Proof of Right Requirement
 
Added Entry - Uncontrolled Name Bose, Christy C.
V P, Akhila
Patent Group India, Hindustan Unilever Limited
 
Uncontrolled Index Term PCT Rule 4.17; Proof of Right; Declaration by Inventors; Indian National Phase Application; Patent Office Manual; WIPO CASE
 
Summary, etc. 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 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.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-02 11:38:27
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/39680
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 26, ##issue.no## 1 (2021): Journal of Intellectual Property Rights
 
Language Note en