Indian Patent (amendments) Ordinance

[Guest guest]

Dear FORUM,

Despite the conflicting reports, it seems that the Indian Ordinance

has indeed issued. Text is available at

http://lawmin.nic.in/Patents%20Amendment%20Ordinance%202004.pdf

THE PATENTS (AMENDMENT) ORDINANCE, 2004, Ord.No 7 of 2004

Promulgated by the President in the Fifty-fifth Year of the Republic

of India. An Ordinance further to amend the Patents Act, 1970.

WHEREAS Parliament is not in session and the President is satisfied

that circumstances exist which render it necessary for him to take

immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

article 123 of the Constitution, the President is pleased to

promulgate the following Ordinance:–

1. (1) This Ordinance may be called the Patents (Amendment)

Ordinance, 2004. (2) Sub-clause (ii) of clause (a), and clause (,

of section 37, sections 41, 42, 47, 58 to 62 (both inclusive) and 73

shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint; and the remaining

provisions shall come into force on the 1st day of January, 2005.

For comments on the Ordinance (and generally high caliber discussion

of IPR issues in India), go to the following url:

http://mail.sarai.net/pipermail/commons-law/2004-December/date.html