Posted by William New @ 12:24 am
In what could be seen as a “test case” for the balance between intellectual property protection and the promotion of public health, the Indian government today appeared to meet a World Trade Organisation obligation by passing a law on the protection of pharmaceutical and agricultural chemical patents.
But the Indian Parliament made a number of last minute concessions in order to obtain passage of the bill, leaving lawyers from both sides of the issue scurrying to examine it more carefully.
A key provision under examination allows India to export products produced under compulsory license (which allows the government to bypass patents for public health reasons) to other countries unable to manufacture the products themselves. The provision does not require the importing country to issue a compulsory license, just a notification of need for the drug.
India accepted the obligation to reintroduce product patents ten years ago upon completion of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), but was among a small number of developing countries given until 1 January 2005 to comply. India last issued drug patents in 1970. Least-developed WTO members must comply by 2016.
more
TRIPS WEBSITE


