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Patent Law: Decisions of the Supreme Court of India

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Title Statement Patent Law: Decisions of the Supreme Court of India
 
Added Entry - Uncontrolled Name Raza, Aqa
 
Uncontrolled Index Term Utilitarian Theory; The Patents Act, 1970; Theoretical Underpinning; Supreme Court of India; Ratiocination; Intellectual Property; Labour Theory; Natural Right Theory; Publici Juris; Society; Scientific Research; Nonsense on Stilts; Industrial Progress; Invention; Discovery; Patent System; Common Law; Utility
 
Summary, etc. This Paper seeks to examine the theoretical underpinnings of The Patents Act, 1970 (Patents Act), as constructed by the Supreme Court of India (Supreme Court) in the last 71 years. An analysis of decisions of the Supreme Court reveals that: (i) in none of the cases, validity of The Patents Act was challenged; (ii) unlike the decisions on copyright and design laws where the Court invoked both Labour and Utilitarian frameworks as supplementary and complimentary to each other to justify the ‘why’ of two distinct copyrights envisaged by The Copyright Act, 1957 and The Designs Act, 2000, the Court in patent cases has used only Utilitarian Theory; (iii) Court has not ignored Natural Right and Labour theories as in its opinion Natural Right justification is only a means to achieve the end of social good; (iv) in the opinion of the Court, both ‘sense’ and ‘nonsense’ of Bentham may coexist as means and end; and (v) protection of patent rewards labour put in by the inventor and in exchange provides invention and knowledge to the society. Paper argues that the Court should have applied judicially manageable standards to rigorously scrutinize the theoretical underpinnings of Patent Law from all possible angles.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-18 09:58:47
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/55928
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 27, ##issue.no## 4 (2022): Journal of Intellectual Property Rights
 
Language Note en