1. are the patents obtained on the basis of new developments of the subject matter of original patent
2. are not provided in Indian legislation
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“Secondary” or “second generation” patents are patents directed to new developments or improvements of the subject-matter of the basic patent. Secondary or ‘second generation’ patents are acknowledged in the regulated markets like the US and UK. These are patents granted in relation to new developments or improvements of the subject matter of the basic patent. The Indian Patents Act does not have any provision on secondary patents.
WTO-administered Trade-Related aspects of Intellectual Property Rights (TRIPS), which came into effect in 1995, allow the member countries to adopt, consistently with the other provisions of the agreement, measures to prevent or control practices in the licensing of intellectual property rights that are abusive and anti-competitive. Compulsory licensing and government use without the authorisation of the right holder are also allowed, subject to certain conditions aimed at protecting the legitimate interests of the right holder.
This question is a part of GKToday's Integrated IAS General Studies Module