Anamika Choubey, ‘Transparency in Patent Law’

ABSTRACT
In the era of globalisation, brands play a vital and crucial role and thus protection of brand is very important for pharmaceutical, biotechnology and other industries. The World Trade Organisation’s foundation document, the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, is the most significant attempt to create a global harmonisation of intellectual property protection.

Efficiency and fresh innovation may also be hindered by a lack of openness. Limiting the secrecy may encourage more rapid technological advancement and cheaper costs (by reducing the volume of low quality applications, where patentability defects would be more easily discoverable). The writer makes a historical analysis of the patent system’s historical transparency and contends that it is becoming less and less justifiable. The article promotes the necessity to advance the disclosure of patent applications, search and review results, as well as the improvement of patent data accessibility in the databases as measures to boost the transparency of the patent system.

Choubey, Anamika, Transparency in Patent Law (September 23, 2022).

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