N.K.Assumi (Advocate) 03 April 2013

Patent law and our continental shelf:

In the field of exploring the offshore oil and gas operations located in more remote places, just how far do Indian’s borders reach in respect of our Patent Law? Does it extend to our continental shelf and also beyond our continental shelf or does it confine to our costal state only?

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 April 2013

Extraterritorial Jurisdiction

Extraterritorial jurisdiction involves the extension of national laws beyond

traditional geographic boundaries of the sovereignty. It has been

suggested that there are five theories of international law upon which extraterritorial

jurisdiction can be based.14 Briefly stated, the theories are as

follows. In the territorial theory, jurisdiction is determined by reference to

the place where the act is committed. The nationality theory of jurisdiction

is determined by reference to the nationality or national character of the

person committing the act. The protective theory of jurisdiction is determined

by reference to the national interest injured by the act, while the

universality theory of jurisdiction is determined by reference to the custody

of the person committing the act. Finally, in the passive personality theory,

jurisdiction is determined by reference to the nationality or national character

of the person injured by the act.

N.K.Assumi (Advocate) 03 April 2013

Yes,under international laws there are universal, territorial, nationality, protective, passive theories, and even prescripttive. But what is the extend of our patent law on the high seas?