[KDE-India] [OT] The Microsoft-Novell agreement
Aditya Godbole
aag.lists at gmail.com
Mon Dec 4 16:26:46 CET 2006
On 12/4/06, Mahesh T. Pai <paivakil at gmail.com> wrote:
> 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.
>
I think the result of the above is that if some other country takes
legal action on you on their soil for violating their patents, the
Indian government has to agree to that. I might be wrong though.
--
aditya
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