[KDE-India] [OT] The Microsoft-Novell agreement

[Mahesh T. Pai]

Aditya Godbole said on Mon, Dec 04, 2006 at 09:27:32AM +0530,:

 > 
 > India does not uphold software patents, at least as of now.
 > 

Hmmm... I  beg to  disagree. Yes,  the patent act  does not  allow for
software patents  right now. But the law  of international obligations
does.

Here is how it goes.

1.  Going  by  the  constitution,  India  is  bound  by  international
treaties. Therefore,  courts will implement  domestic (parliament made)
law in accordance with international treaties.

2.  India is a party to various treaties which oblige India to enforce
patents granted by foreign countries.

3. India is bound to enforce software patents even if they are granted
in foreign countries, even if India itself does not grant s/w patents.

Correct me if  I am wrong, and I  am no (longer a) lawyer,  so this is
not legal advice.
 
-- 
 Mahesh T. Pai <<>> http://paivakil.blogspot.com/
Distributing free copies of non-free software is --
        -- like advertising drugs.