Topic: Issues relating to intellectual property rights.
4) There is an urgent need to revise Form 27 and patent working disclosure under Section 146(2) of Patents Act, in the interest of state’s sovereign right and duty to preserve public health. Critically analyse.(250 Words)
Why this question
Shamnad Basheer, a prominent legal scholar and activist has filed a public interest litigation before the Delhi High Court over the issue of form 27 and patent working disclosure. The judgement will have a vital impact on India’s public health. Hence the issue is important for mains exam and is related to GS-3 syllabus under the following heading- Awareness in the fields of IT, Space, Computers, robotics, nanotechnology, biotechnology and issues relating to intellectual property rights. It is also indirectly related to GS-2 syllabus under the following heading- Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Key demand of the question
The question wants us to analyse the need for revision of Form 27 and patent working disclosure and also discuss what are the associated issues involved. We have to form a personal opinion on the issue.
Critically analyse- here we have to discuss why there is need for revision of the given provisions and also examine what are the other issues involved, which hinder or don’t warrant the revision. Remember to divide each part into sub-parts (Analyse).
Structure of the answer
Introduction- In the introduction briefly introduce form 27 and patent working disclosure.
Body- divide the body into two parts. In one part, discuss in points, why these provisions should be revised in the interest of state’s sovereign right and duty to preserve public health. In the other part, discuss impediments/ counter interests/ other commitments which oppose revision.
Conclusion- in the conclusion, present your opinion about the need for revision and accordingly suggest measures that need to be taken to secure the state’s sovereign right and duty to preserve public health.