It is the most controversial aspect of ratification of Marrakesh Agreement by India, the real contentious issue being patent protection. India has been a member of Berne Convention for the protection of literary and artistic works. Computer software is protected as a literary work under our copyright laws since 1983, three years before the launching of Uruguay Round of Negotiations in 1986. Indian laws relating to trademarks, trade secrets and industrial designs are on par with generally accepted international standards. Necessary adaptation in keeping with the agreements is under way.
The Indian Patent Act, 1970 permits only process patent in food, pharmaceutical and chemical sectors. The duration of patent under this law is only 7 years in food and pharmaceutical sectors, while it is 14 years in other sectors. The patent granted in these three sectors will be deemed to be endorsed with the words "license of right" .so that any person can work on the patent without the authorization of the patent owner. Compulsory licensing provisions of the Act have also been broadly worded including the grant of compulsory license. Virtually, this Act does not provide protection in food, pharmaceutical and chemical sectors.
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