Page 128 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Introducing appropriate remedies and medicines is a long process and
it is important to appreciate and recognize their contribution towards
the process. So, patent is the fuel to the Intellectual Property system
which motivates new inventors for creative and progressive thinking
for the betterment of the whole world.

Chief Justice Burger explains the sphere of the ‘Patent’ in the case
of Diamond v. Chakrabarty . According to him; ‘anything under
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the sun that is made by man is eligible for patent protection.’ The
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case of Attorney General (Cth) v Adelaide Steamship Co explains
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monopoly being derogation from the common right of freedom
of trade could not be granted without consideration given to the
public. In the case of new inventions, the consideration was found
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either in the interest of the public to encourage inventive ingenuity
or more probably in the disclosure made to the public of a new and
useful article or process.

Section 174 of Paris Convention for the Protection of Industrial
Property in 1833, Section 146 of Patent Cooperation Treaty PCT(1970),
Section 62 of the Strasbourg Agreement Concerning the International
Patent Classification (IPC) (1971), Section 78 of the Budapest Treaty
on the International Recognition of the Deposit of Microorganisms
for the Purposes of Patent Procedure (1977), Section 32 of the Patent
Law Treaty (2000) comprehensively discuss about the importance of
Right to Patent to encourage new inventors by recognizing the value
of novel knowledge for the advancement of the world.
‘‘The issue of access to medicines lies at the crossroads between
the systems of international human rights law, intellectual property
and trade law.’’
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17 447 U.S. 303 (1980).
18 Diamond v. Chakrabarty 447 U.S. 303 (1980).
19 [1913] AC 781 at 394 per Lord Parker
20 Attorney General (Cth) v Adelaide Steamship Co(1913)18CLR30
21 Jennifer Anna Sellin “ Does One Size Fit All? Patents, the Right to Health and Access to
Medicines”^Published online: 14 December 2015)
law.faculty@kdu.ac.lk
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