Should Indian startups be given protection against foreign firms or direct competitors?
As per your query, if you’re biotech product is a new invention/ product, you can patent by registering in India under the (Indian) Patent Act, 1970, provided it meets the criteria for patent protection as set out in the patent laws mentioned. Patent protection laws are territorial in nature, i.e. the protection for 20 years can only be enjoyed in India. Patent laws in India provide protection to products or processes that involve new functional or technical features. Patent protection under the India laws is granted for a period of 20 (twenty) years, after the expiration of which the product/ process will be free for use in the public domain. If you wish to protect your product in another country, i.e. Germany in this case, you will have to file an application for patent registration in under the patent protection laws in Germany. What may also help to note is that India being a signatory to the Paris Convention for the Protection of Industrial Property, a patent registered or filed for registration under Indian patent laws gets a right of priority in all the signatory countries. Moreover, the Patent Co-operation Treaty facilitates the filing of applications for patents on the same invention in all member countries.
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