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Newsletters and Bulletins / March 1999 / India |
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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.
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