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Patent And Trade Secret Protection

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When issuing a compulsory license, the effect is to exempt the user who produces the patented substance or uses technology from liability of infringement. If a patentee applies for a patent for a newly discovered or an alienated substance, or a synergy of entities, she is not required to disclose the “know-how” to the public. Therefore, she can retain the information undisclosed as trade secrets. Ordinarily, companies use patent and trade secret protection together in a synergistic manner to enhance exclusivity as a common strategy. As a result, if the user of a compulsory license does not comprehend the know-how, then the production of the final product would eventually come to naught. Under the situation of a…show more content…
Nonetheless, arbitrariness is inevitable due to analytical difficulties faced by examiners and courts. Without setting up a utility model, examiners and courts are plagued by hindsight bias in the U.S., let alone to say having a sub-requirement as such. Section 3(d) of the IPA is also designed to narrow the scope of patent protection, notwithstanding it has a definite goal — preventing evergreening. Section 3(d) also utilizes an explanatory note to delimitate special conditions of nowadays pharmaceutical practices. This thesis considers an explanatory note is a workable solution to comply with the non-discrimination obligation under article 27.1 of the TRIPS.
2. The Capability of the Patent Office The Indian Patent Office (IPO) has full authority under law to determine what is patentable and what should be excluded from patentability if the condition set in section 3(d) is met. Owing to no patents granted to pharmaceutical substances before the amendments coming into effect, the Indian Patent Office received 8,926 mailbox applications prior to January 1, 2005. For the blank period of no protection for nearly 35 years, the capability of the IPO examiners to review and evaluate efficacy data was in
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