Title: Law, Innovation and Intellectual Property Rights in India
Abstract: This paper provides an analytical overview of how technological development may be promoted or hindered by an effective system of intellectual property rights regime (IPRS). IPRS can play a positive role in encouraging new innovative development, rationalization of inefficient industry, and inducing technology acquisition and creation. They may harm development prospects by raising the costs of imitation and permitting monopolistic behavior by owners of IPRS. The potential gains and losses depend on the competitive structure of markets and the efficiency of related business regulation, including aspects of competition policy and technological development policy made by the central government of India. This paper reviews available case laws on these issues. The evidence supports the view that product innovation is sensitive to IPRS in developing nation like India. In several cases like Novartis case Indian court not allowed patent. Overall, there is a positive impact on growth, but this impact must depend on the price, nobility and uniqueness of product and nature of the economy. The research would conclude by putting forward suggestions for harmonizing the balance between policy decision taken by India and barriers imposed internationally.
Publication Year: 2016
Publication Date: 2016-01-01
Language: en
Type: article
Indexed In: ['crossref']
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