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Statement by India at the 27th session of the Standing Committee on the Law of Patents delivered by N.Ramchander, Deputy Controller of Patents & Designs at the World Intellectual Property Organisation, Geneva on 14th December, 2017

Statement by India

At the 27th session of the Standing Committee on the Law of Patents delivered by N.Ramchander, Deputy Controller of Patents & Designs at the World Intellectual Property Organisation, Geneva on 14th December, 2017

AGENDA ITEM 10: CONFIDENTIALITY OF COMMUNICATIONS BETWEEN CLIENTS AND THEIR PATENT ADVISORS

The Delegation of India states there is no provision on the client-attorney privilege in the Indian Patents Act.  In India, patent Agents need not necessarily be a lawyer or advocate and persons who have a degree in science or engineering could also practice before the patent office as authorized patent agents after qualifying patent agent examination. The Delegation pointed out that the Indian Evidence Act only provided protection for lawyers or advocates from discovery proceedings, and Patent Agents, being persons of scientific or technical background, did not fall under such protection. Therefore, no comments would be required and delegation of India reiterates our previous stand.

Thank You Chair,