Indo-Us Dispute Resolution Panel Report Soon

The Indo-US dispute resolution panel set up under the World Trade Organisation (WTO) has completed its hearings and is expected to submit its final report soon.

The panel was set up after the US government filed a complaint at the WTO. The US had complained against Indias failure to make legal provisions for a mail-box facility to receive patent applications in the pharmaceuticals and agri-chemicals sectors. The US was also unhappy about Indias failure to grant exclusive marketing rights (EMR) in these two sectors till Indian patent laws are changed according to the TRIPS agreement.

Indias defence is that the lack of a legal amendment to incorporate mail-box provisions does not, in any way, restrict filing and receipt of applications for patents and EMRs. The government can accept all such applications under Section 5 of the existing Patents Act, through the office of the Controller-General of Patents, Trademarks and Designs.

 

India has also contended that there is no need to hurry in order to make a provision for EMRs. After all, most products formulated after January 1, 1995, will take at least three-four years to obtain patent and marketing rights elsewhere