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Balancing the see‐saw of morality and law—An approach to analyze the contours of morality exclusion of patenting under the Indian Patent Law.

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Názov: Balancing the see‐saw of morality and law—An approach to analyze the contours of morality exclusion of patenting under the Indian Patent Law.
Autori: Daga, Hardik1 (AUTHOR), Kaushik, Himani1 (AUTHOR), Choudhary, Latika1 (AUTHOR) lchoudhary@ddn.upes.ac.in, Alam, Tauheed1 (AUTHOR)
Zdroj: Journal of World Intellectual Property. Nov2025, Vol. 28 Issue 3, p726-744. 19p.
Predmety: *PATENT law, *PATENTS, AGREEMENT on Trade-Related Aspects of Intellectual Property Rights (1994), LEGAL procedure, ETHICS, PATENTABILITY, SOCIAL norms, PUBLIC policy (Law)
Abstrakt: Law and morality govern society, although legal systems often conflict with morality. The TRIPs provision under article 27.2 empowers members to prohibit patent protection for subject matter that conflicts with "morality" or "ordre public". The concepts of "ordre public" and "morality" as enshrined under the agreement, are inherently ambiguous when it comes to determining the patentability of subject matter as the same are difficult to define. Given the inherent dependence of "ordre public" and "morality" on the socio‐cultural and religious norms specific to each member of the TRIPs agreement, it becomes impractical to construct an objective definition for these words. [ABSTRACT FROM AUTHOR]
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Databáza: Business Source Index
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Abstrakt:Law and morality govern society, although legal systems often conflict with morality. The TRIPs provision under article 27.2 empowers members to prohibit patent protection for subject matter that conflicts with "morality" or "ordre public". The concepts of "ordre public" and "morality" as enshrined under the agreement, are inherently ambiguous when it comes to determining the patentability of subject matter as the same are difficult to define. Given the inherent dependence of "ordre public" and "morality" on the socio‐cultural and religious norms specific to each member of the TRIPs agreement, it becomes impractical to construct an objective definition for these words. [ABSTRACT FROM AUTHOR]
ISSN:14222213
DOI:10.1111/jwip.12351