Legal Dynamics of Intellectual Property Relating to Nuclear Innovations

The objective of Civil Nuclear Co-operation Agreements is not only to facilitate bilateral co-operation between the two countries but also posit India as a key player in the civil applications of nuclear energy. Civil nuclear industry and companies are likely to capitalize this opportunity by pitching in with their technological inventions that are heavily scrutinized through intellectual property rights regime; particularly ‘patents’. Civil Nuclear Co-operation Agreements does not alter India’s strategic nuclear program; nevertheless it triggers critical questions with respect to various constraints on inventions in the area of atomic energy as enshrined in the provisions of Indian Patents Act, 1970. Owing to the concerns of dual-use technologies suitable for both civil and armed forces purposes, the rationale of ‘national security’ has been effectuated through the inter-linking provisions in the Patents Act, 1970 and the Atomic Energy Act, 1962. This has an impact on scientific and technological innovations. This paper investigates constraints on atomic energy inventions vis-à-vis the ‘national security filters’ engrafted in the provisions of Indian Patents Act, 1970. The increasing scope of civil application of nuclear energy on one hand and the lag in pace of legal mechanism that is patent protection, to cope up with fast-paced innovations, makes present study not only crucial but also imperative from both academic and industrial perspective. Based on the comparative review of legal stances adopted by selective regimes, this paper attempts to conceive a balanced approach to deal with the issue in Indian Patent Law.