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Abstract

The project of harmonisation of patent laws around the world under the aegis of the TRIPS Agreement has interacted with national policies and objectives in respect of patents in both developed and developing countries. This interaction has been mediated through the judiciary and the pervasive influence of the judiciary has been essential for the success enjoyed so far. However, the localised perspectives of the judiciary have also hindered the global project of harmonisation to a significant extent as divergent standards and approaches have come forth in spite of similar statutory foundations. This article seeks to analyse specific illustrations that highlight the interplay between harmonisation and localisation in patent laws in developed and developing countries as mediated through the judiciary.

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