Firm NewsNewsletters and BulletinsSpeaking EngagementsDomain Names E-CommercePatentsLitigationIP Rights MaintenanceIP as PropertyNews & BulletinsTrademarks
HomeAbout UsContact UsSearchQuick Search:
 

India - Implementation of GATT-TRIPS

In our December 1997 Newsletter (N.S. 189) we reported on the decision of a World Trade Organization Dispute Resolution Panel concerning a dispute between India and the United States as to whether India had properly implemented the requirements of the TRIPS Agreement to provide for some means of establishing a claim to rights and for some marketing exclusivity in respect of pharmaceuticals and agricultural chemicals in the period prior to India being required to grant full patent protection for such products. The decision held that India was in breach of its obligations and India appealed against the decision. The WTO's Appellate Panel substantially upheld the decision of the Dispute Resolution Panel. Failure to comply with the ruling could have led to the imposition of trade sanctions against India. Legislation was introduced into Parliament in December 1998 to provide a legal basis for the Indian Patent Office's practice of according a filing date to patent applications for pharmaceuticals and agricultural chemicals. Unfortunately, however, this was not enacted before Parliament went into recess. It is hoped that legislation will be passed in the next session of Parliament. In the meantime, the President of India has issued a decree ratifying the current practice. This will, however, lapse if not approved by Parliament when it comes back into session.


[Home] [About Ladas & Parry LLP] [Contact Us] [Search]
[Trademarks] [Domain Names & E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights Maintenance] [IP as Property] [News & Bulletins]

© Copyright 1999 Ladas & Parry - Posted 3/28/1999
Please read our disclaimer.