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Consider the following statements.
  1. The Patents (Amendment) Act, 2005, introduced the provisions relating to Exclusive Marketing Rights (EMRs).
  2. The TRIPS Agreement sets out the minimum standards of intellectual property protection to be provided by each Member.
  3. Preventing known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively is known as preventing “evergreening” of patents.
Which of the above statements is/are correct?
  • a)
    1, 2 
  • b)
    1, 3 
  • c)
    2, 3 
  • d)
    1, 2, 3
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. The Patents (Amendment) Act, 2005, ...
Indian Patents Act, 1970:
  • It replaced the Indian Patents and Designs Act 1911.
  • The Act was amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and microorganisms.
  • After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced.
  • The provisions relating to pre-grant and post-grant opposition have also been introduced.
Article 3(d) of the Indian Patent Act prevents the mere discovery of any new property or new use for a known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively. This prevents what is known as “evergreening” of patents.
In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. 
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Consider the following statements. The Patents (Amendment) Act, 2005, ...
Evergreening.
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Consider the following statements. The Patents (Amendment) Act, 2005, introduced the provisions relating to Exclusive Marketing Rights (EMRs). The TRIPS Agreement sets out the minimum standards of intellectual property protection to be provided by each Member. Preventing known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively is known as preventing “evergreening” of patents.Which of the above statements is/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements. The Patents (Amendment) Act, 2005, introduced the provisions relating to Exclusive Marketing Rights (EMRs). The TRIPS Agreement sets out the minimum standards of intellectual property protection to be provided by each Member. Preventing known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively is known as preventing “evergreening” of patents.Which of the above statements is/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements. The Patents (Amendment) Act, 2005, introduced the provisions relating to Exclusive Marketing Rights (EMRs). The TRIPS Agreement sets out the minimum standards of intellectual property protection to be provided by each Member. Preventing known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively is known as preventing “evergreening” of patents.Which of the above statements is/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements. The Patents (Amendment) Act, 2005, introduced the provisions relating to Exclusive Marketing Rights (EMRs). The TRIPS Agreement sets out the minimum standards of intellectual property protection to be provided by each Member. Preventing known substance from being patented as an invention unless it enhances the efficacy of the substance repetitively is known as preventing “evergreening” of patents.Which of the above statements is/are correct?a)1, 2b)1, 3c)2, 3d)1, 2, 3Correct answer is option 'C'. Can you explain this answer?.
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