Exception and Limitation of Patent Rights: A Case Study of Afghanistan Law in Perspective of TRIPs

the less developed countries have recognized the principle of patent protection and bound the related norms. But, they followed the public policy approach and accepted these norms in the light of public interest and developmental needs. So they always contemplate the flexibilities of patent rights but the question is that what mechanisms and policies they should apply whilst being bound over to international instrument has been accessed to the mentioned aims. This paper examines the exceptions and limitations of patent rights within the framework of Afghanistan's law, particularly in light of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs). As Afghanistan continues to develop its intellectual property regime, understanding the balance between patent protection and public interest becomes increasingly critical. This study explores the compatibility of Afghanistan's patent laws with TRIPs obligations. The finding of this research indicate that for balancing two extremely equally prejudicial rights Afghanistan has accepted some limitations and exceptions to align with TRIPs requirements; however, it has overlooked several essential exceptions that could benefit the public interest and social development. Ultimately, the findings underscore the importance of adapting international standards to local realities, paving the way for a more effective and equitable patent system in Afghanistan.