2007
DOI: 10.1111/j.1747-1796.2007.00325.x
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Patent Protection for Computer Programs in India: Need for a Coherent Approach

Abstract: The 2002 amendment to the Indian Patents Act, 1970, allowed computer program‐related inventions to be patentable, save for certain specific exclusions. The Patent (Amendment) Ordinance of 2004 tried to expand the scope of computer program patentability by melting down those specific exclusions. In 2005, the Indian Parliament categorically rejected the amendments as suggested in the Ordinance, thereby maintaining the status quo on the issue. The new legislative context advocated that a proper interpretation fos… Show more

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Cited by 3 publications
(1 citation statement)
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“…Even if the EU phraseology concerning patent protection for computer-implemented inventions as been detected in both Indian and Chinese patent laws, significant problems remain in their jurisdiction and administration of IPRs (Perthuis and Van der Bulk, 2005;Pai, 2007). In the next years, a more effective enforcement of ICT-related IPRs is expected in these countries to help the innovation environment for their emerging international R&D based ICT industry (Maskus et al, 2005;van Welsum and Xu, 2007;Bhattacharya and Vickery, 2010 The presence of GINs prevails in the ICT sector if we look at GIN1, but not in the case of GIN2.…”
Section: Iprs and Innovation In The Ict Sectormentioning
confidence: 99%
“…Even if the EU phraseology concerning patent protection for computer-implemented inventions as been detected in both Indian and Chinese patent laws, significant problems remain in their jurisdiction and administration of IPRs (Perthuis and Van der Bulk, 2005;Pai, 2007). In the next years, a more effective enforcement of ICT-related IPRs is expected in these countries to help the innovation environment for their emerging international R&D based ICT industry (Maskus et al, 2005;van Welsum and Xu, 2007;Bhattacharya and Vickery, 2010 The presence of GINs prevails in the ICT sector if we look at GIN1, but not in the case of GIN2.…”
Section: Iprs and Innovation In The Ict Sectormentioning
confidence: 99%