Civil Procedure Code (CPC)

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N.K.Assumi (Advocate)     03 April 2013

Patent law and our continental shelf:

In the field of exploring the offshore oil and gas operations located in more remote places, just how far do Indian’s borders reach in respect of our Patent Law? Does it extend to our continental shelf and also beyond our continental shelf or does it confine to our costal state only?



 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 April 2013

 

Extraterritorial Jurisdiction
Extraterritorial jurisdiction involves the extension of national laws beyond
traditional geographic boundaries of the sovereignty. It has been
suggested that there are five theories of international law upon which extraterritorial
jurisdiction can be based.14 Briefly stated, the theories are as
follows. In the territorial theory, jurisdiction is determined by reference to
the place where the act is committed. The nationality theory of jurisdiction
is determined by reference to the nationality or national character of the
person committing the act. The protective theory of jurisdiction is determined
by reference to the national interest injured by the act, while the
universality theory of jurisdiction is determined by reference to the custody
of the person committing the act. Finally, in the passive personality theory,
jurisdiction is determined by reference to the nationality or national character
of the person injured by the act.

N.K.Assumi (Advocate)     03 April 2013

Yes,under international laws there are universal, territorial, nationality, protective, passive theories, and even prescripttive. But what is the extend of our patent law on the high seas?

N.K.Assumi (Advocate)     03 April 2013

Dear Sir, With due respect, I am of the view that we can not import the notion of  erga omnes  or jus cogens in patent laws.

Nagaraja B S (Corporate Commercial & IP Lawyer)     19 April 2013

It is very subjective, it might vary from case to case...mostly depends on the Border Agreement with neighbouring countries..

 

Regards,

Nagaraj

www.iplexglobal.in


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