Innovation Via Legislative Device Of Legal Fiction In University-Industry -Interactions In Patenting Drugs And Cell Therapies.

Authors

  • Vibhor Gupta , Dr. Sachin Rastogi

Abstract

The aim of this research paper is to facilitate the patenting of drugs & cell therapies with the assistance of IPR Cells connected with the Law Teaching Departments of the Universities throughout the territories of India by removing the impediments in the consultancy or chamber practice in Patent law practice tantamounting to practice of law as including non-litigation practice of law within the meaning of section 29 of the Advocates Act, 1961, analyzing  the construction & impact of the insertion of the legislative device of deeming fiction in ‘The Advocates (Right to Take Up Law Teaching) Rules, 1979, by Central Government of India, in pursuance of the powers, to frame rules as vested in Central Government under Section 49A of the Advocates Act, 1961.The proper interpretation of the deeming fiction as used in the said rules, in the light of the binding precedents of the Supreme Court of India, as done in this paper, will revolutionize the University-Industry relationships, in terms of facilitating clinical legal education in the Universities and other Law colleges. It will resolve the repugnancy as misconceived, because of presence of plethero of rules and regulations framed by many masters of legal education like UGC, Bar Council of India & Universities etc & will stand construed harmoniously.

Published

2021-08-04

How to Cite

Vibhor Gupta , Dr. Sachin Rastogi. (2021). Innovation Via Legislative Device Of Legal Fiction In University-Industry -Interactions In Patenting Drugs And Cell Therapies. Drugs and Cell Therapies in Hematology, 10(1), 1171–1180. Retrieved from http://dcth.org/index.php/journal/article/view/237

Issue

Section

Articles