Eu Seeks Talks With India On Failure To Change Patents Law

The European Union has sought immediate consultations with India on the countrys failure to meet its obligations under the trade related intellectual property rights (TRIPs) agreement, even as India pleads not guilty in her second submission before the World Trade Organisation (WTO) in its dispute with the United States.

Further, the US has resolved its TRIPs dispute with Japan and Pakistan, sources say.

The European Union is a third party in the dispute filed by the US against India on its failure to provide patent protection to pharmaceutical and agriculture chemical products.

India has not legislatively established mailbox and marketing exclusivity systems in accordance with Article 70(8) and 70(9) of the TRIPs agreement. It has however in a communication sent in May to the permanent mission of India in Geneva and to the WTO dispute settlement body asked for a date to hold consultations.

 

India has argued that it does have a system to accept applications for product patents and that no American company has applied for exclusive marketing rights. Further, it is argued that no US company has suffered any material loss or injury on this count. The argument, sources say, is that it is not necessary to legislate to meet the TRIPs obligations.

Sources also say that a similar case filed by the US against Pakistan has been resolved. Pakistan had blocked the formation of the panel. However, subsequently, to fulfill this obligation, Pakistan President Farooq Ahmed Khan Leghari issued a ordinance on February 4, 1997, which states that all applications filed after January 1995 are considered valid.

Regulations implementing the ordinance will provide that any person who files an application for patent protection for pharmaceutical or agricultural chemical product in another WTO member after the date the ordinance was issued will be able to file an application with Pakistans patent authorities and until January 1, 2000, have as their filing date the date the application was received by the authorities and after January 1, 2000, have the right to claim priority under the rules laid down in Article 4 of the Paris Convention for Protection of Industrial Property.

Another dispute between Japan and the US regarding a US complaint in February 1996 concerning the protection of past performances and existing sound recordings in Japan under the TRIPs agreement. The US complaint was based on the belief that the agreement obligates WTO members to grant protection to past performances performed in a WTO member state and existing sound recordings for a term of at least 50 years from the end of the calendar year on which the performance took place or the sound recording was made. Subsequently, Japan amended its copyright law to provide for this and the US has withdrawn its complaint.